E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 109 CONGRESS, FIRSTSESSION

Vol. 151 WASHINGTON, TUESDAY, FEBRUARY 15, 2005 No. 16 House of Representatives The House met at 12:30 p.m. and was we will take it up and pass it again, cording to the needs of American fami- called to order by the Speaker pro tem- and send it, along with the final prod- lies and the principles of reform they pore (Mr. PETRI). uct, to the President for his signature. endorsed in last November’s historic f This first step, Mr. Speaker, is a election. The 109th Congress has a giant leap. For the first time in years, mandate for reform, Mr. Speaker, and DESIGNATION OF SPEAKER PRO the power of trial lawyers to abuse our this week we will send the President TEMPORE generous and open legal system will be the first product of that mandate. The SPEAKER pro tempore laid be- checked by ensuring that class action f fore the House the following commu- lawsuits are both valid and designed to protect victims, not line lawyers’ pock- MONEY FOR VETERANS HEALTH nication from the Speaker: CARE WASHINGTON, DC, ets. February 15, 2005. It first requires that large interstate The SPEAKER pro tempore. Pursu- I hereby appoint the Honorable THOMAS E. class actions be filed in Federal court ant to the order of the House of Janu- PETRI to act as Speaker pro tempore on this to streamline the process and make ary 4, 2005, the gentleman from Wash- day. sure that lawyers cannot shop around ington (Mr. BAIRD) is recognized during J. DENNIS HASTERT, for the most historically generous morning hour debates for 5 minutes. Speaker of the House of Representatives. State venues. Mr. BAIRD. Mr. Speaker, yesterday f It puts an end to other tricks certain President Bush submitted his $82 bil- lion budget for the Iraq supplemental MORNING HOUR DEBATES lawyers use to keep their cases out of Federal court. And it establishes a con- proposal, yet he did not request in that The SPEAKER pro tempore. Pursu- sumer class action bill of rights that proposal a single dollar to pay for vet- ant to the order of the House of Janu- ensures it is the plaintiffs and not just erans services. ary 4, 2005, the Chair will now recog- the lawyers who benefit from legiti- Tens of thousands of our troops will nize Members from lists submitted by mate class action suits. be returning home this year, and yet the majority and minority leaders for This last provision will prevent a re- the VA system is already greatly un- morning hour debates. The Chair will peat of the Shields et al v. Bridgestone/ funded, with long waiting lists for serv- alternate recognition between the par- Firestone case in which the plaintiffs ices for soldiers and their families. ties, with each party limited to not to got nothing, but their lawyers got $19 President Bush’s supplemental pro- exceed 30 minutes, and each Member, million, or of the Microsoft antitrust posal and his budget have failed our except the majority leader, the minor- litigation in which consumers received Nation’s veterans. ity leader, or the minority whip, lim- 5 to $10 in voucher coupons, while at- Now, it is the responsibility of this ited to not to exceed 5 minutes, but in torneys billed hundreds of millions of body, of this Congress, to make sure no event shall debate extend beyond dollars in fees. that our returning soldiers and their 1:30 p.m. This is a pattern of abuse, Mr. Speak- families get the health care services The Chair recognizes the gentleman er, greed rewarded on a breathtaking they deserve. from Texas (Mr. DELAY). scale by a legal system in desperate Today, I have been joined by over 50 f need of protection. Class action fair- colleagues in sending a letter to the ness is not just reform; it is self-de- President and to members of the Com- CLASS ACTION REFORM fense. After all, our courts are not mittee on Appropriations requesting Mr. DELAY. Mr. Speaker, this week home to a legal system but a system of that the $82 billion supplemental bill the House will take the first step of the justice, justice too long denied Amer- include an additional $1.3 billion to new Congress towards fulfilling our ican plaintiffs and defendants. provide for our returning soldiers and mandate to reform America’s legal sys- Consumers and businesses alike have their families. tem, which for decades has been too been victimized by lawsuit abuse, court This proposal has been endorsed by often and too easily gamed by preda- dockets are backed up, companies are the Military Officers Association of tory self-serving personal injury law- paying lawyers instead of employees, America, the National Military Fami- yers. and our economy is suffering for it all. lies Association, and the Paralyzed Last week, the Senate passed the With the Class Action Fairness Act, Veterans of America. Class Action Fairness Act, legislation Congress will begin the work of restor- I urge my colleagues on both sides of essentially identical to a bill passed by ing common sense and common de- the aisle to do the right thing. If we the House in recent years. This week, cency to our legal justice system, ac- can find $80 billion to send to Iraq,

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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VerDate Aug 31 2005 06:39 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE5.REC H15FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H590 CONGRESSIONAL RECORD — HOUSE February 15, 2005 then for goodness sake we can find $1.3 pletely dismissed in various city, BUDGET PRIORITIES AND MORAL billion to take care of our soldiers and State, and Federal courts. In fact, just VALUES their families. a few days ago San Francisco, based in The SPEAKER pro tempore. Pursu- If we do not do this, what kind of California, the appellate court there ant to the order of the House of Janu- message are we sending to the brave unanimously upheld a superior court ary 4, 2005, the gentleman from Ohio men and women who have served this decision dismissing lawsuits filed by (Mr. BROWN) is recognized during morn- country? I hope Members on both sides Los Angeles, San Francisco, and 12 ing hour debates for 5 minutes. of the aisle will join me in this effort other California municipalities against Mr. BROWN of Ohio. Mr. Speaker, and that the President himself will see members of the firearms industry. I last week President Bush delivered to fit to support it as well. welcome this decision. Congress his proposed Federal budget. f However, there are still several law- In the coming months, Democrats and THE PROTECTION OF LAWFUL suits pending which threaten to dev- Republicans in Congress will debate COMMERCE IN ARMS ACT astate the industry. In New York City, budget proposals largely based on di- vergent cardinal moral values. The SPEAKER pro tempore. Pursu- recently enacted legislation allows vic- tims of crime to sue the dealers and We will debate budget cuts that rep- ant to the order of the House of Janu- resent more than just program scale- ary 4, 2005, the gentleman from Florida gunmakers. We also must consider that just the mere threat of these suits, backs. The President’s proposed cuts to (Mr. STEARNS) is recognized during vital government programs are reflec- morning hour debates for 5 minutes. taking the first couple of legal steps to defend these suits can be enough on tive of differences in core philosophies Mr. STEARNS. Mr. Speaker, I rise on the role of our government in serv- today to tell my colleagues about a their own to force some of the smaller companies out of business. ing our people. piece of legislation that I have put in; Budgets are moral documents that it is called the Protection of Lawful As one prominent person said of this reveal the fundamental priorities of a Commerce in Arms Act. My cosponsor tactic, we are going to make the gun person, of a household, of a business, of is Congressman RICK BOUCHER. industry die a death by a thousand a government. The President’s ‘‘every Last year we introduced a very simi- cuts. So our legislation will end these man for himself budget’’ disregards lar piece of legislation, and it passed, coercive and undemocratic lawsuits. millions of Americans and undercuts my colleagues, with overwhelming bi- Now, I understand there are some of our Nation’s values. There is no better partisan support. Our bill has the sup- my colleagues that may be hesitant to example of where Democrat and Repub- port of the U.S. Chamber of Commerce, support my bill since the media and lican values diverge than in Medicaid. the National Association of Manufac- gun control advocates have spent years The President claims he only wants turers, and the National Association of and millions of dollars vilifying the to cut programs that are not getting Wholesalers, among other prominent firearms industry. No one wants to be results or that duplicate current ef- groups. seen granting the industry special forts or that do not fulfill essential pri- What this legislation does is stops treatment or helping them to get away orities. baseless lawsuits against gun manufac- with something, or so it is perceived. Democrats could not agree more on turers or dealers, based upon the crimi- the need for efficient government. That nal or unlawful third-party misuse of I have two responses to this. First, is how we balanced the budget in the firearms. the firearms industry has been around 1990s. So we asked then, which of those Now, some may ask the question, and has been respected for generations. three, Mr. President, is Medicaid? why do we need such legislation? The They provide a valuable service and a There is no question it is getting re- reason that we need it is because the highly desirable product to millions of sults. It operates at a lower cost than firearms industry is under attack. Over sportsmen and supporters of those sec- private health insurance. The fact is, the last few years, trial lawyers have ond amendment rights. They provide private health insurance has grown his- filed suits against federally licensed our law enforcement agencies and our torically at 12.6 percent a year. Medi- firearm manufacturers across this officers with the tools necessary to care has grown at 7.1 percent a year. country in the hopes of bankrupting fight crime in our neighborhoods, and Medicaid has grown at 4.5 percent a this industry. they enable our Armed Forces to pro- year. They have been filing frivolous law- tect our freedoms around the world. The public sector does it more effi- suits that are based on the dubious The industry employs thousands of ciently and delivers to more people premise, Mr. Speaker, that gun manu- hard-working Americans and these fairly than does private insurance. And facturers should be held liable for the Americans support their families like there is no duplication here. It is the actions of others who use their prod- everybody else. These employees and only program of its kind. It fulfills an ucts in a criminal or unlawful manner. their businesses pay taxes. It is an in- essential priority. Medicaid is the sole In other words, if someone gets a gun disputable fact that the firearms indus- source of nursing home care for 5 mil- and then commits a crime with it, try has contributed immensely to our lion seniors living in poverty. these litigious gun-control advocates society over the years in a very posi- The President knows Medicaid is al- believe that gunmakers should be held tive way. But this does not mean that ready running on fumes, but he made a liable for the damages or injuries that if one of these manufacturers purposely choice. He chose to give more tax cuts are caused. or recklessly sold a bad product they to the most privileged 1 percent of peo- Now, that is like holding a car com- should be given a free pass. No, we are ple in this country instead of providing pany responsible if a driver gets drunk, not saying that. for subsistence care for senior citizens gets reckless, and hits someone with a in need, different priorities reflecting a Our legislation is very narrowly tai- vehicle. A law abiding manufacturer different set of moral values. has a constitutional right to engage in lored to allow suits against any bad Medicaid provides health coverage to interstate commerce without the fear actor to proceed. It includes carefully 52 million Americans, roughly in my of these frivolous lawsuits. I do not crafted exceptions to allow legitimate State of Ohio 1.7 million people. It is care if it is a business that makes guns, victims their day in court for cases in- the only source of coverage for one out cigarettes, cars, fast food or whatever volving defective firearms, breaches of of four children in our Nation, and it it is, although firearms are the only contract, criminal behavior by a provides 70 percent of the nursing home product that I have listed here which gunmaker or seller, or the negligent funding in most States. specifically has constitutional protec- entrustment of a firearm to an irre- The Bush proposal cuts $60 billion tion under the second amendment. sponsible person. out of the Medicaid program over the Over 30 cities and counties, in addi- In conclusion, Mr. Speaker, I am hon- next 10 years, again so that the Presi- tion to various individuals, have sued ored once again to introduce this com- dent could deliver to his biggest con- the gun industry since 1998. I am monsense bill, and I urge all of my col- tributors the tax cut for the wealthiest pleased to note that many of these leagues to join with me in co-spon- 1 or 2 or 5 percent. These cuts, in ef- cases have been completely, com- soring this piece of legislation. fect, will mean kicking some seniors

VerDate Aug 31 2005 06:39 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE5.REC H15FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 15, 2005 CONGRESSIONAL RECORD — HOUSE H591 out of nursing homes. The President’s access to health services for Americans tleman from Illinois (Mr. LAHOOD) is plan would shift tens of billions of throughout our country. recognized during morning hour de- costs to States like Ohio already facing Community health centers provide bates for 5 minutes. severe financial shortfalls. vital outreach services to individuals Mr. LAHOOD. Mr. Speaker, I rise The President cannot eliminate basic who may otherwise not have access to today to offer heartfelt sympathy to needs by ignoring them. He cannot the care they need. These services in- the people of Lebanon and to the many, eliminate the need for nursing home clude educational campaigns to raise many leaders of that country who have care by ignoring it or by shifting the awareness of preventative options in suffered a great loss yesterday with the responsibility to the States. In the health care such as health screenings assassination of the former Prime Min- short run, his budget cuts will create and nutritional campaigns. By edu- ister, Rafik Hariri. victims. In the long run, it will force cating individuals about primary care Over the last 10 years, I have had the the States to spend more. And how will options, community health centers are opportunity to visit the small country the States cover these costs? able to both improve the quality of life of Lebanon. I have taken an interest in The States will levy taxes on stu- and restrain health care costs. the country because of my Lebanese dents through tuition, homeowners Dental and behavioral health care heritage and the fact that Lebanon through higher property taxes, workers services are also critical to the popu- needs a few advocates in the House of through higher income taxes, con- lations served by community health Representatives, and I have tried to be sumers through higher sales tax. That centers. The medical staff of these or- a strong advocate for this small coun- is what is happening in State after ganizations are often the front line for try. State, whether it is controlled by Re- establishing quality dental health hab- During the 10 years that I have vis- publicans or Democrats, as we cut its and responding to mental health ited Lebanon, I had the opportunity to become well acquainted with Prime those programs. Nationally, the States needs as they develop. An established Minister Hariri. Over the 10 years that pick them up so the wealthy get their hallmark of community health centers I have had a chance to visit Lebanon, I tax breaks, the wealthiest 1 or 2 or 5 is their ability to intervene in health have seen the country rebuilt almost percent, and middle-income people get problems before they become crises. literally by the Prime Minister and his hit hardest by, again, students through One of the goals of community health efforts and his resources in not only higher tuition, consumers through centers is to establish partnerships bringing people together but using sales tax, and property homeowners by with local community leaders and coa- many of his own resources, certainly, the property tax, and workers through litions. These individuals and groups are acutely aware of the pulse and the to rebuild the city of Beirut. higher income taxes. Prior to the war, the city of Beirut needs of the community and can effec- Medicaid is a partnership between was known as the Paris of the Middle tively advocate for appropriate out- Federal and State governments. Cut- East. Today, and what happened yes- reach and medical services. The ability ting the Federal share hurts our fami- terday, will not only really hurt that of a health organization to understand lies, hurts our communities, hurts our opportunity for Beirut to continue to its community is essential in bringing schools, hurts our country. have that kind of a beauty because of tailored, efficient, and effective care to We can give up many things in the what happened yesterday, it will also name of shared sacrifice, but common the people it serves. It is clear that hurt our opportunities to bring about sense should not be one of them. community health centers are adept at peace in that region of the world. The President’s ‘‘every man for him- gaining this insight, in turn benefiting Prime Minister Hariri did so much self budget’’ neglects our Nation’s val- all Americans. for the country and, in particular, for ues, neglects our communities, and be- As my colleagues can see, commu- the city of Beirut. Ten years ago, there trays our Nation’s values. nity health centers play a vital role in were many, many burnt-out buildings. f the delivery of care in our commu- Today, there are many beautiful hotels nities. Too often, low-income or unin- COMMUNITY HEALTH CENTERS and condominiums, and the center of sured patients delay receiving treat- the city has a project known as The SPEAKER pro tempore. Pursu- ment due to the costs, and then they Solidare that the Prime Minister took ant to the order of the House of Janu- are ultimately forced to receive care at a great deal of interest in in really re- ary 4, 2005, the gentleman from New the health industry’s most costly ac- building the business center and cre- Hampshire (Mr. BRADLEY) is recognized cess point, which is the emergency ating a business center in downtown during morning hour debates for 5 min- room. Community health centers pro- Beirut. utes. vide quality primary care to patients, He was also responsible for helping Mr. BRADLEY of New Hampshire. often resulting in the prevention of un- over 2,000 students a year by giving Mr. Speaker, today I rise with pleasure necessary ailments. This results in a them scholarships so that they could in support of the administration’s cost savings to all health care facilities attend universities and colleges all budget proposal for our Nation’s com- and subsequently yields lower health over the Middle East and also here in munity health centers. I would also insurance premiums for Americans. this country. His foundation in this note that community health centers Community health centers have dem- country has been very, very generous. have received bipartisan support over onstrated that they have a positive ef- His presence in the country will be the years. fect on both the health and economic sorely missed. He was one who did try These health care organizations pro- well-being of their communities, and and bring about peace, did try and vide an essential function in all of our indeed our Nation, as a whole. bring people together, did rebuild the districts, and I believe that they are In particular, I would like to con- country and rebuild the city of Beirut one of the most effective entities in de- gratulate Lampsey Health Center of and, in that essence, tried to forge a livering quality care to low-income Newmarket, New Hampshire, and Ann peace among Nations in that region of populations at cost-effective prices. Peters and her fantastic staff for their the world. service to the people’s health care I know for his family this is a ter- b 1245 needs in that region of my State. Their rible loss, and I know for the people of In my State of New Hampshire alone, efforts and those of their colleagues are Lebanon it is a terrible loss, and I over 81,000 citizens received treatment particularly noteworthy and worthy of know for the people of the region, it is at a community health center in 2004. commendation. a terrible loss. A substantial portion of these patients, f We will probably never know who over one-third, were uninsured. The ad- those terrorists were who decided to ministration has been cognizant of the EXPRESSING CONDOLENCES ON snuff out his life. I hope that at some impact of community health centers, THE ASSASSINATION OF EX- time we will be able to find them, but pledging to add 1,200 new centers be- PRIME MINISTER RAFIK HARIRI for now we say to the Prime Minister’s tween 2001 and 2006. The budget re- The SPEAKER pro tempore (Mr. family, to the people of Lebanon, you leased last week completes this com- PETRI). Pursuant to the order of the have suffered a great loss, we have suf- mitment and has resulted in increased House of January 4, 2005, the gen- fered a great loss, those of us that have

VerDate Aug 31 2005 06:39 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE5.REC H15FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H592 CONGRESSIONAL RECORD — HOUSE February 15, 2005 known the Prime Minister have suf- minute and to revise and extend his re- He said he was moved to start this fered a great loss. The Prime Minister marks.) project because many of these children and his family are in our thoughts and Mr. PITTS. Mr. Speaker, the Cuban had never had a back yard to play in, prayers today and will be in the future. Government thinks that our top dip- and he wanted to make their first one f lomat to their nation, James Cason, is special. Carter’s creativity and dedica- a fourth-rate bureaucrat whose mission tion to low-income children is inspir- RECESS is to deceive and subvert. ing. The SPEAKER pro tempore. Pursu- Well, I think he will be the first to He organized fundraising bake sales ant to clause 12(a) of rule I, the Chair admit that if promoting the human and wrote to nearly a hundred commu- declares the House in recess until 2 rights of all Cubans is subversive, then nity members soliciting support. His p.m. today. that is exactly what his mission is. efforts paid off. In the first year and a Accordingly (at 12 o’clock and 53 And let me be among the first to say, half, Habi-TOT for Humanity bought, minutes p.m.), the House stood in re- Mr. Cason is no fourth-rate bureaucrat. assembled, and delivered 36 playhouses cess until 2 p.m. today. No fourth-rate bureaucrat would so to needy families. f openly share the story of Dr. Oscar Carter is a role model for us all. He Elias Biscet. set a fine example of community serv- b 1400 Dr. Biscet is a physician who has ice for young people across this Nation. AFTER RECESS courageously stood for human rights Mr. Speaker, I ask that you join me in and today sits in a tiny prison cell im- commending Carter Wallace for this The recess having expired, the House prisoned for peaceful protest in April of award. was called to order at 2 p.m. 2003. f f Despite Cuban propaganda, Dr. Biscet OPPOSING BUDGET CUTS TO PRAYER is sick and has been denied food and medical attention by his captors. The EDUCATION The Chaplain, the Reverend Daniel P. Cuban Government should allow Dr. (Ms. SOLIS asked and was given per- Coughlin, offered the following prayer: Biscet medical care, and it should un- mission to address the House for 1 Sovereign Lord, You settled our conditionally and immediately release minute and to revise and extend her re- foundation in faith and raised up this him. marks.) Nation throughout its history. Today Dr. Biscet, we stand with you. And if Ms. SOLIS. Mr. Speaker, today I rise we recall our early days in America’s we had more fourth-rate bureaucrats in opposition to the President’s budget history. like James Cason, our world would be a proposal to turn his back on low-in- The day after Congress approved the much better place. come and ethnic minority students, Bill of Rights, it called upon President f particularly Latino and African Ameri- Washington to ‘‘recommend to the peo- cans, and in particular first-generation ple of the United States a day of public DEATH OF MILTON DAVIS students who have never had a chance thanksgiving and prayer to be observed (Mr. DAVIS of Illinois asked and was to go to college. by acknowledging with grateful hearts given permission to address the House And I say that because in the Presi- the many signal favors of Almighty for 1 minute and to revise and extend dent’s budget proposal he wants to God.’’ his remarks.) eliminate completely the GEAR UP President George Washington re- Mr. DAVIS of Illinois. Mr. Speaker, I Program, the Upward Bound Program, sponded with these words: ‘‘Lord, it is was saddened earlier to learn of the and the Talent Search Program. As a the duty of all nations to acknowledge passing of Mr. Milton Davis, the former result, 1.3 million students, 70 percent the providence of Almighty God, to chairman and president of Shorebank. who are minorities, will lose a chance obey His will, to be grateful for His Shorebank is one of the most innova- to go to college. benefits, and humbly implore His pro- tive, creative community financing op- California was awarded about 15 per- tection and favor.’’ erations in the Nation. cent of the funding for the GEAR UP Lord, may Congress and this Nation Milton Davis was a pioneer in com- program. In fact, in my school district be guided by Washington’s exhortation munity banking. I simply want to ex- in East L.A., El Sereno Middle School both in these days and forever. tend condolences to his family, and I and Belvedere Middle School are the Amen. trust that his legacy will continue to recipients of the GEAR UP program, f live as neighborhoods and communities middle school meaning 7th and 8th reap the benefits of the lending policies grade students who are learning about THE JOURNAL and practices that he developed. the opportunities to go to college. The SPEAKER. The Chair has exam- f How dare the President turn his back ined the Journal of the last day’s pro- on our youth, on those who want to CARTER WALLACE TRIBUTE ceedings and announces to the House succeed and go on to college. We need his approval thereof. (Mr. GINGREY asked and was given to ensure that this President has to Pursuant to clause 1, rule I, the Jour- permission to address the House for 1 keep the compassion that he says that nal stands approved. minute and to revise and extend his re- he has for all people of color. f marks.) And I would ask my colleagues and Mr. GINGREY. Mr. Speaker, today I urge them to reject these proposals PLEDGE OF ALLEGIANCE rise to pay tribute to Carter Wallace, a that will put back our community by The SPEAKER. Will the gentleman Brookstone High School student from many, many decades. Let us restore from South Carolina (Mr. WILSON) Columbus, Georgia, who has been funding in higher education for all of come forward and lead the House in the named one of the top two youth volun- our students. Pledge of Allegiance. teers in the State. f Mr. WILSON of South Carolina led On Tuesday, Carter accepted the Pru- PROTECTING THE FIRST AMEND- the Pledge of Allegiance as follows: dential Spirit of Community Award for MENT, FREEDOM OF THE PRESS I pledge allegiance to the Flag of the his inspiring work on behalf of low-in- United States of America, and to the Repub- come families in western Georgia. (Mr. PENCE asked and was given per- lic for which it stands, one nation under God, Carter is the founder of Habi-TOT for mission to address the House for 1 indivisible, with liberty and justice for all. Humanity, a nonprofit foundation that minute and to revise and extend his re- f purchases and assembles playgrounds marks.) for children who move into Habitat for Mr. PENCE. Mr. Speaker, in 1786, CUBAN GOVERNMENT SHOULD Humanity homes. Carter motivated Thomas Jefferson said: ‘‘Our liberty FREE DR. BISCET friends from his Boy Scout troop and cannot be guarded but by the freedom (Mr. PITTS asked and was given per- Brookstone High School to lend a hand of the press, nor that be limited with- mission to address the House for 1 in building the playhouses. out danger of losing it.’’

VerDate Aug 31 2005 06:39 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE5.REC H15FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 15, 2005 CONGRESSIONAL RECORD — HOUSE H593 Today a Federal appeals court in the 100th anniversary of Rotary Inter- and the southern United States to protest ra- District of Columbia upheld a ruling national, the world’s first service orga- cial segregation in public accommodations against two reporters who could go to nization. and in other areas of life; jail for refusing to divulge their con- In 1905, Paul Harris had a vision of an Whereas the courageous protest of the ‘‘Greensboro Four’’ and all of the sit-in dem- fidential sources. Their attorney, organization that would provide serv- onstrations made a critical contribution to Floyd Abrams, said, ‘‘Today’s decision ice opportunities in Chicago. Today his the civil rights movement, leading to the en- strikes a heavy blow against the vision has become a reality, and Ro- actment of the Civil Rights Act of 1964 and public’s right to be informed about its tary International promotes vol- the integration of public accommodations; government.’’ And he is right. unteerism throughout America and 166 and Last week the gentleman from Vir- countries worldwide. With over 1.2 mil- Whereas the civil rights movement made ginia (Mr. BOUCHER) and I introduced lion members, Rotary International is our nation more just and decent, and the bipartisan legislation known as the an organization of community leaders courage and conscience of the ‘‘Greensboro Free Flow of Information Act, simi- Four’’ should inspire all Americans to act that networks to provide humanitarian against injustice: Now, therefore, be it larly introduced by Senator RICHARD service, encourages high ethical stand- Resolved by the House of Representatives (the LUGAR in the Senate. It would provide ards, and helps build goodwill and Senate concurring), That the Congress— a Federal media statute to protect the peace. (1) applauds the valor and courageous ef- confidential source tradition that is at Throughout the world, Rotarians are forts of Jibreel Khazan (Ezell Blair, Jr.), the very center of the freedom of the helping to provide scholarships and David Richmond, Joseph McNeil, and Frank- press, and I urge its support and pas- international group study exchanges. lin McCain, known as the ‘‘Greensboro Four’’; and sage. Its Polio Plus Program to eradicate In the wake of today’s troubling (2) encourages all Americans to remember polio is being achieved by vaccinating the contributions they made to the civil court decision, now is the time for Con- more than 2 billion children worldwide. gress to reassert the first amendment, rights movement and to conduct appropriate As a past president of the Cayce-West ceremonies, activities, and programs to com- freedom of the press, vigorously by en- Columbia Club, I have seen first hand memorate the sit-in of the ‘‘Greensboro acting a Federal media shield. Nothing the tremendous goodwill spread Four’’. less than the public’s right to know is throughout the world. I am grateful The SPEAKER pro tempore. Pursu- at stake. that my chief of staff, Eric Dell, is a ant to the rule, the gentleman from f charter member of the new Capitol Hill Pennsylvania (Mr. DENT) and the gen- TRIBUTE TO PRIVATE FIRST Rotary Club where he is current presi- tleman from Illinois (Mr. DAVIS) each CLASS JESUS FONSECA dent. Congratulations on fulfilling the will control 20 minutes. The Chair recognizes the gentleman (Mr. PRICE of Georgia asked and was Four-Way Test and the motto of ‘‘Serv- from Pennsylvania (Mr. DENT). given permission to address the House ice Above Self.’’ GENERAL LEAVE for 1 minute and to revise and extend In conclusion, God bless our troops Mr. DENT. Mr. Speaker, I ask unani- his remarks.) and we will never forget September 11. mous consent that all Members may Mr. PRICE of Georgia. Mr. Speaker, I f rise today with honor and with rev- have 5 legislative days within which to ANNOUNCEMENT BY THE SPEAKER erence to pay tribute to a patriot and a revise and extend their remarks and in- PRO TEMPORE clude extraneous material on the con- hero, Private First Class Jesus Fon- current resolution under consideration. seca, 19 years old, of Marietta, Georgia, The SPEAKER pro tempore (Mr. The SPEAKER pro tempore. Is there who died on January 17 in Iraq. He was TERRY). Pursuant to clause 8 of rule XX, the Chair will postpone further objection to the request of the gen- killed when a car bomb detonated near tleman from Pennsylvania? his position. proceedings today on motions to sus- pend the rules on which a recorded vote There was no objection. He was assigned to the Second Infan- Mr. DENT. Mr. Speaker, I yield my- or the yeas and nays are ordered, or on try Division based at Camp Casey in self such time as I may consume. South Korea. And prior to enlisting, he which the vote is objected to under Mr. Speaker, on behalf of the Com- was a graduate of Sprayberry High clause 6 of rule XX. mittee on Government Reform, I rise School in my district. He was a mind- Record votes on postponed questions in strong support of House Concurrent ful young man who earned the respect will be taken after 6:30 p.m. today. Resolution 25. This important resolu- of his peers and his elders. f tion recognizes the tremendous con- It should also be told that this young RECOGNIZING CONTRIBUTIONS OF tributions of Ezell Blair, Jr.; David man was not born in the United States, Richmond; Joseph McNeil; and Frank- yet was courageous enough to give his ‘‘GREENSBORO FOUR’’ TO THE CIVIL RIGHTS MOVEMENT lin McCain to the civil rights move- life for our great Nation. Too often, in- ment. These four individuals, known as spirational stories of sacrifice, like Je- Mr. DENT. Mr. Speaker, I move to the ‘‘Greensboro Four,’’ became tire- sus’s, are not properly recognized. suspend the rules and agree to the con- less icons in our Nation’s struggle for He is survived by his wife, his par- current resolution (H. Con. Res. 25) rec- civil rights and fairness for all Ameri- ents, and five siblings. Our hearts and ognizing the contributions of Jibreel cans. prayers go out to them and everyone in Khazan (Ezell Blair, Jr.), David Rich- Mr. Speaker, on a winter afternoon our community affected by this tragic mond, Joseph McNeil, and Franklin in North Carolina in 1960, this quartet loss. McCain, the ‘‘Greensboro Four’’, to the of college freshmen grabbed the atten- It is a reminder that we are all in- civil rights movement. tion of the entire world. It was Feb- debted to the men and women who The Clerk read as follows: ruary 1, 1960, when these four simply serve in the Armed Forces, for it is H. CON. RES. 25 took their seats at the lunch counter of their exemplary spirit of service, evi- Whereas on February 1, 1960, Jibreel F.W. Woolworth’s in Greensboro, North denced by Private First Class Jesus Khazan (Ezell Blair, Jr.), David Richmond, Carolina. But there was nothing simple Fonseca, which makes this country so Joseph McNeil, and Franklin McCain, four about this act. noble and so great. African-American freshman students at As was to be expected at that time, f North Carolina Agricultural & Technical the young men were refused service State University, walked into the F.W. Wool- when they sat at the segregated CELEBRATING A CENTURY OF RO- worth store in downtown Greensboro, North counter at about 4:30. Each of them sat TARY INTERNATIONAL’S LEAD- Carolina, and sat at the ‘‘whites only’’ lunch quietly at the counter until the store ERSHIP AND SERVICE counter, thereafter becoming known as the closed at 5:30. They returned to sit at (Mr. WILSON of South Carolina as ‘‘Greensboro Four’’; Whereas the ‘‘Greensboro Four’’ were re- the same segregated counter the next and was given permission to address fused service but continued to sit at the day. the House for 1 minute and to revise lunch counter in nonviolent protest; b 1415 and extend his remarks.) Whereas the sit-in by the ‘‘Greensboro Mr. WILSON of South Carolina. Mr. Four’’ was an act of courage and conscience, This time they were joined by about Speaker, I am honored to recognize the and inspired sit-ins across North Carolina two dozen other students. The presence

VerDate Aug 31 2005 06:39 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE5.REC H15FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H594 CONGRESSIONAL RECORD — HOUSE February 15, 2005 of these 30 or so young people over- McNeil said, ‘‘From my perspective, the Kress store across the street inte- whelmed the small diner, but again it was a down payment on manhood.’’ grated its lunch counter the same day. they were denied service. The next day, On that dare to each other, the next By August of 1961, more than 70,000 February 3, students occupied 63 of the day, February 1, 1960, at about 3:30 in people had participated in sit-ins, re- 65 available seats at the lunch counter. the afternoon, the four entered the sulting in more than 3,000 arrests. The These civilized acts of defiance in- Woolworth’s on South Elm Street in sit-ins became an important tributary spired similar sit-ins across North downtown Greensboro and sat at the of the river of the civil rights move- Carolina in the days that followed. By ‘‘whites only’’ lunch counter. When ment, which resulted eventually in the the end of February, such protests were they were refused service, they re- enactment of the Civil Rights Act of taking place at eateries all over the mained seated until the counter closed 1964 and the Voting Rights Act of 1965. South. Ultimately, the Greensboro at 5. They vowed to return the next day Mr. Speaker, there are many Mem- Four induced the integration of public and to keep coming back until they bers of this body who were part of that accommodations throughout many seg- were treated the same way that whites movement. Many more remember the regated southern States. Even Wool- were treated. sit-ins as if they were yesterday. I was worth’s integrated all of its stores in That night, word spread quickly at a 6-year-old child living in Fayette- July of 1960. A&T and Bennett College, an Histori- ville, North Carolina. My memories of Mr. Speaker, what an awesome ac- cally Black Women’s College in Jim Crow and of the civil rights move- tion this was for anyone to take, yet Greensboro, about what the four stu- ment are dim and distant. alone four college freshmen. Ezell dents called their ‘‘sit down’’ protest. I remember going to the county Blair, David Richmond, Joseph McNeil The next day they returned with 19 of courthouse on some errand with my fa- and Franklin McCain transcended the the other A&T students, some wearing ther and seeing two water fountains. I Nation’s civil rights struggle by start- ROTC uniforms, others wearing coats assumed that the ‘‘white’’ water was ing this series of sit-ins. The Greens- and ties. They were again denied serv- like the water that came out of my tap boro Four deserve the commendation ice, and they again remained seated at at home. I could not understand why of the Congress 45 years after their his- the lunch counter. my father would not let me try the That night the membership of the toric demonstration for their contribu- ‘‘colored’’ water. tion to the civil rights movement. Greensboro branch of the NAACP voted I vaguely, vaguely, remember the I am so pleased to be a cosponsor of unanimously to support the student protests in Fayetteville. I would like to protest. House Concurrent Resolution 25. I think that if the civil rights movement The next day, the four students re- thank the distinguished gentleman had been delayed by a decade or by a turned again, this time with 85 other from North Carolina for authoring this generation, I would have recognized as meaningful resolution. I urge all my students from A&T, from Bennett Col- lege and from Dudley High School, the I grew up the injustice of segregation colleagues to support it. and I would have acted against it. I can Mr. Speaker, I reserve the balance of black high school from which three of never know that. my time. the Greensboro Four had graduated Mr. DAVIS of Illinois. Mr. Speaker, just the year before. That Saturday, But I am proud to join with the gen- it is with great pleasure that I yield 1,000 protesters filled the Woolworth’s. tleman from North Carolina (Mr. such time as he may consume to the McNeil said, ‘‘I guess everybody was WATT) and the gentleman from North gentleman from North Carolina (Mr. pretty much fed up at the same time.’’ Carolina (Mr. COBLE) and many others in introducing this resolution and to MILLER ), who is the sponsor of this In the Pulitzer Prize-winning history resolution. of the civil rights movement, ‘‘Parting speak for it today. Mr. MILLER of North Carolina. Mr. the Waters,’’ Taylor Branch wrote, ‘‘No I realize, as Dr. King said, that we Speaker, I rise in support of this reso- one had time to wonder whether the cannot walk alone. The destiny of all lution honoring an act of conscience Greensboro sit-in was so different. In Americans is tied up with the destiny and courage that forever changed the previous three years, similar dem- of others and the freedom of all Ameri- North Carolina, the South, and the Na- onstrations had occurred in at least 16 cans is inextricably bound to the free- tion. other cities. Few of them made the dom of other Americans. The Greensboro Four, David Rich- news, all faded quickly from public no- The Greensboro Four remain an in- mond, Joseph McNeil, Franklin tice, and none had the slightest cata- spiration to all Americans not simply McCain and Jibreel Khazan, then Ezell lytic effect anywhere else. By contrast, to accept the world as we find it, but to Blair, Jr., changed our Nation’s history Greensboro helped defined the decade.’’ recognize injustice, and when it is time while freshmen at North Carolina A&T, In the next few days, there were sit- to change the situation, start where an Historically Black University in in demonstrations in Winston-Salem, you are. Greensboro. Durham, Raleigh, Fayetteville, Char- Mr. DENT. Mr. Speaker, I reserve the Like college freshmen everywhere, lotte, and High Point. Two weeks after balance of my time. they spent endless hours in discussions the first sit-in, Dr. Martin Luther King Mr. DAVIS of Illinois. Mr. Speaker, I in their dormitory rooms. ‘‘We chal- toured the Woolworth’s in Durham yield 4 minutes to the gentleman from lenged each other, really,’’ Richmond that was the target of protests there. California (Mr. FILNER). said of their discussions. ‘‘We con- That night he spoke at a rally sup- Mr. FILNER. Mr. Speaker, I thank stantly heard about all the evils that porting the protests. the gentleman for yielding me time, are occurring and how blacks are mis- ‘‘What is fresh, what is new in your and the gentlemen from North Carolina treated and nobody was doing anything fight,’’ King said, ‘‘is the fact that it for introducing this very important about it. We used to question why is it was initiated, led and sustained by stu- resolution honoring the Greensboro that you have to sit in the balcony? dents. What is new is that American Four. Why do you have to ride in the back of students have come of age. You now As the gentleman from North Caro- the bus?’’ take your honored place in the world- lina (Mr. MILLER) said, those of us who McNeil told friends at the time, ‘‘It is wide struggle for freedom.’’ were old enough were immediately in- time to take some action now. We have On April 3, Thurgood Marshall spoke spired by the Greensboro Four. They been people who talk a lot, but with at Bennett College and urged the stu- showed the awesome power of non- very little action.’’ dents to continue the protests. On violent, collective direct action, and McCain said later, ‘‘We had been Easter weekend, Dr. King’s Southern they also showed the vulnerability of talking about it for a long time. Each Christian Leadership Conference orga- the racist power structures in the of us had been bugged by it and we felt nized a meeting at Shaw University in South. very strongly. The night before we did rally of student sit-in protesters. The I was a college freshman at the same it, we had a bull session at McNeil’s students formed the Student Non- time, at Cornell University. And al- room that lasted all night long.’’ violent Coordinating Committee, most immediately, we formed a group Khazan said, ‘‘It was time to wake up SNCC, to organize more protests. and had sit-ins in at the Woolworth’s and change the situation. We decided In July, the Woolworth’s in Greens- in Ithaca, New York, in solidarity with to start here.’’ boro integrated the lunch counter, and those that were going on through

VerDate Aug 31 2005 06:39 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE5.REC H15FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 15, 2005 CONGRESSIONAL RECORD — HOUSE H595 North Carolina and other States in the tion and Chairman of the Congres- were taking place that were accepted South. sional Black Caucus, as part of the day until those coura- The sit-ins immediately educated us. Mr. WATT. Mr. Speaker, I thank my geous students at North Carolina A&T That is, even though we were informed, colleague for yielding me time. said enough is enough. even though we were progressive, we There are so many angles that I So this is a wonderful, wonderful day had no idea of the specific indignities could approach this debate from, but I for me just to see the bipartisanship, of the segregated lunch counters, the am just so delighted today to be able to the biracial support that we have in signs that said ‘‘whites only’’ and ‘‘col- rise in a bipartisan and biracial coali- support of this resolution in this Con- ored’’ for drinking fountains. We knew tion to honor four great Americans gress, but knowing full well that some the schools were desegregated sup- who contributed so much to us. years ago when it was not fashionable, posedly back in 1955. We saw the Mont- I could talk about the fact that when it was dangerous, when those gomery bus boycott in 1956. We saw the North Carolina A&T State University kids’ parents were telling them, I sent power of direct action in the African and Bennett College, which was also re- you to school to get an education, not states who first gained independence at ferred to in the statement of the gen- to be involved in a demonstration, they the same time. tleman from North Carolina (Mr. MIL- stood and said enough is enough; we But what occurred amongst the stu- LER), both of them are located in my are going to take action to change dents in Greensboro spread throughout congressional district. America. the Nation like wildfire, not just in the I could talk about the fact that de- And, Mr. Speaker, they did, and South but also in the North. We be- spite the fact that the lunch counter today our country is better for it. lieved what Martin Luther King, Jr. itself is now in the congressional dis- Mr. DAVIS of Illinois. Mr. Speaker, I stated so eloquently from the Bir- trict of the gentleman from North yield myself such time as I may con- mingham jail: ‘‘Freedom is never vol- Carolina (Mr. MILLER), it was also in sume. untarily given by the oppressor. It my congressional district up until the Mr. Speaker, it is with great pride must be demanded by the oppressed.’’ last round of redistricting. and admiration that I rise to support And we saw the sit-ins, a simple and I could talk about the fact that H. Con. Res. 25, recognizing the con- quiet act perhaps, but one of great Franklin McCain, one of those four tribution of Jibreel Khazan, David courage, considering the risks they courageous individuals, is a resident of Richmond, Joseph McNeil and Frank- were running, the Ku Klux Klan sitting my congressional district, a successful lin McCain, the Greensboro Four, to at the same counters or nearby these business leader in the City of Char- the civil rights movement. first demonstrators. lotte, North Carolina, today, one of Mr. Speaker, on February 1, 1960, Those of us in the North who thought two surviving members of that famous Franklin McCain, Jibreel Khazan, Jo- we were brothers and cousins of those four. seph McNeil, and David Richmond sat in the South started talking about I could talk about other acts of her- down for lunch at the counter of a what we should do, how we should help. oism that came about as a result of Greensboro, North Carolina, Wool- I remember, in fact, meeting the gen- these four students sitting down. One worth’s. This may not seem like much tleman from Georgia (JOHN LEWIS), a recollection that comes to me imme- today, but in 1960 that was an extraor- colleague of ours from Atlanta, just a diately is, as was happening quite often dinary act. Extraordinary because the few months after that, and we ended up throughout the South, the power estab- four men were black and the counter on the same bus to Jackson, Mis- lishment would try to intimidate the inside Woolworth’s was segregated. sissippi, and the Freedom Rides that black leaders, and the story has it that They did not serve people of color. took place to help desegregate the the powers, the political and business When the four young men from North interstate facilities that were still seg- leadership in the City of Greensboro, Carolina A&T were refused service, regated. We saw the interstate facili- approached the President of North they remained seated. The restaurant ties as a focal point for Federal action. Carolina A&T State University to try called the police in an attempt to force And those of us who went to jail man- to intimidate him into having his stu- them to leave. When the police and aged to bring those cases before the Su- dents refrain from this kind of agita- other white people in Woolworth’s used preme Court, and just as the sit-inners tion, these sit-ins. And the President of threats of violence and imprisonment had got the desegregation of the lunch North Carolina A&T, one of the His- to force the four men to leave, they re- counters so quickly, the interstate and torically Black Colleges and Univer- main seated. This form of resistance other related facilities were deseg- sities, drew a line in the sand and said, became known as a sit-in, a form of regated because of the Freedom Rides. ‘‘there is no way I am intervening to peaceful protest that was used exten- I see the gentleman from North Caro- stop my students from agitating sively during the civil rights move- lina (Mr. WATT) here today. I know he against this kind of injustice.’’ ment. The idea worked so well that, was personally inspired by what was I could talk about how I got con- rather than serve the four men, the happening with the Greensboro Four. nected to the civil rights movement owner closed the store early. Many of us in this Congress, as the even in that time, not as a personal in- Undeterred, the Greensboro Four re- gentleman from North Carolina (Mr. volvement, but hearing my mother say turned to Woolworth’s the next day MILLER) pointed out, were so inspired. to my oldest brother, 4 years older and sat at the counter. This time, how- We put our bodies on the line, we put than me at that time, ‘‘Don’t you get ever, they brought with them reporters our beliefs in action, and the Greens- involved in those demonstrations. It is and local TV news crews to cover the boro Four helped to shape and inspire dangerous out there,’’ and then turning story. By the following day, news of the movement all across the country. on the TV at 6 o’clock that evening and the sit-in had spread and was receiving So we honor the Greensboro Four for seeing my brother right in the middle national attention. The sit-in had demanding freedom for the oppressed, of the demonstration that took place grown to include whites as well. and we once again look to them today in Charlotte, North Carolina, following After months of sit-ins, Woolworth’s for inspiration in our struggle against the Greensboro Four’s courageous ac- decided that they had had enough. On the more subtle forms of racism that tion. July 26, 1960, they agreed to the still exist today and the injustices that Greensboro Four’s demand that they continue to plague our Nation. We will b 1430 integrate the restaurant. This may continue to look to the Greensboro There are just so many ways that I seem like a small victory in light of Four for inspiration as we continue the could approach this debate that bring later accomplishments in the civil still unfinished journey of America to back so much emotion for me, because rights movement, but victories like become a Nation that is free from dis- not long after that I returned to Char- this one laid the foundation for many crimination and racism. lotte and to North Carolina to join a of the rights people of color enjoy Mr. DAVIS of Illinois. Mr. Speaker, civil rights law firm that took on today. it is my pleasure to yield 3 minutes to school desegregation, that took on em- The surviving members of the group, the gentleman from North Carolina ployment discrimination, that took on Joseph McNeil, Franklin McCain, and (Mr. WATT), a cosponsor of this resolu- other racial policies and practices that Jibreel Khazan, have settled into their

VerDate Aug 31 2005 06:39 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE5.REC H15FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H596 CONGRESSIONAL RECORD — HOUSE February 15, 2005 own private lives; but their impact on boro Four refused to accept this situation as a The question was taken. race relations in the United States was fact of life. They were surely angry at their The SPEAKER pro tempore. In the profound. It is only fitting that we plight, but they did not choose a path of vio- opinion of the Chair, two-thirds of honor them today in this manner. lence, no instead they chose a path of civil those present have voted in the affirm- Mr. Speaker, I reiterate my strong disobedience, in which their cry for justice ative. support for this legislation, remember grew louder and louder with each protest until Mr. WATT. Mr. Speaker, on that I de- my own days as a student at that time, it became too much for their oppressors to mand the yeas and nays. not in North Carolina but in the State bear. The Greensboro Four stood up for mil- The yeas and nays were ordered. of Arkansas where conditions were lions of Americans with the simple act of sit- The SPEAKER pro tempore. Pursu- very similar, and all of us were ting down at a lunch counter. Often it is not ant to clause 8 of rule XX and the touched, moved, inspired, motivated, the amount of action taken that is important, Chair’s prior announcement, further and activated by the Greensboro Four. but the meaning behind the act. I stand with proceedings on this motion will be I thank the gentleman for introducing my colleagues in this body today to recognize postponed. this legislation. the Greensboro Four for their act of brave civil f Ms. JACKSON-LEE of Texas. Mr. Speaker, disobedience and the proud legacy that it has I rise today as a proud cosponsor of H. Con. ARTHUR STACEY MASTRAPA POST left. OFFICE BUILDING Res. 25 which recognizes the contributions of Mr. JACKSON of Illinois. Mr. Speaker, on Jibreel Khazan (Ezell Blair, Jr.), David Rich- May 17, 1954, the U.S. Supreme Court de- Mr. DENT. Mr. Speaker, I move to mond, Joseph McNeil, and Franklin McCain, clared two things: (1) segregated schools are suspend the rules and pass the bill known as the ‘‘Greensboro Four’’ for their his- illegal; and (2) the legal principle of ‘‘separate (H.R. 324) to designate the facility of toric contribution to the civil rights movement. but equal’’ was dead. the United States Postal Service lo- I want to thank my colleague Representative Philosophically the Court was saying if our cated at 321 Montgomery Road in MILLER of North Carolina for properly recog- public institutions are equal, why separate Altamonte Springs, Florida, as the nizing these four gentlemen in this body. With- them? And, practically and historically, if they ‘‘Arthur Stacey Mastrapa Post Office out their contribution to the civil rights move- are separate we know they will be unequal. Building’’. ment it may have taken many more years to Thus, the Brown decision laid the legal The Clerk read as follows: break the barrier of segregation that use to be foundation for attacking all segregated institu- H.R. 324 so common place in our Nation. tions in America. Be it enacted by the Senate and House of Rep- On Feb. 1, 1960 four black freshmen at There had been sit-ins in the 1940s and resentatives of the United States of America in North Carolina A&T State University, Franklin ’50s—in Chicago, St. Louis, Baltimore and Congress assembled, McCain, Joseph McNeil, Jibreel Khazan (Ezell elsewhere—but without the legal foundation of SECTION 1. ARTHUR STACEY MASTRAPA POST Blair, Jr.), and David Richmond, took seats at Brown. OFFICE BUILDING. the segregated lunch counter of F. W. Wool- During this period of increasing civil rights (a) DESIGNATION.—The facility of the worth’s in Greensboro, N.C. They were re- United States Postal Service located at 321 activity, CORE, the Fellowship of Reconcili- Montgomery Road in Altamonte Springs, fused service and sat peacefully until the store ation, and SCLC clergy trained young people Florida, shall be known and designated as closed. They returned the next day, along with in nonviolent direct action. Rev. James the ‘‘Arthur Stacey Mastrapa Post Office about 25 other students, and their requests Lawson and others did such training in Nash- Building’’. were again denied. The Greensboro Four in- ville at Tennessee State, the American Baptist (b) REFERENCES.—Any reference in a law, spired similar sit-ins across the state and by Theological Seminary and at Fisk University. map, regulation, document, paper, or other the end of February; such protests were taking The students at North Carolina A & T State record of the United States to the facility re- place across the South. Finally, in July, Wool- University, my alma mater, didn’t know about ferred to in subsection (a) shall be deemed to worth’s integrated all of its stores. be a reference to the Arthur Stacey the activity in Nashville. But freedom was in- Mastrapa Post Office Building. This single act forever changed the way creasingly in the air. black Americans were able to live in society. So, on February 1, 1960, four young African The SPEAKER pro tempore. Pursu- Much like Rosa Parks who refused to give up American men—Franklin McCain, Joseph ant to the rule, the gentleman from her seat simply because of her race and in- McNeil, Ezell Blair Jr. and David Richmond— Pennsylvania (Mr. DENT) and the gen- spired the movement to integrate the bus sys- all freshmen on academic scholarships at tleman from Illinois (Mr. DAVIS) each tem; and much like Jackie Robinson who re- North Carolina A & T, sat down at a ‘‘whites will control 20 minutes. fused to observe the color barrier in our na- only’’ Woolworth’s lunch counter in Greens- The Chair recognizes the gentleman tion’s pastime of baseball and blazed the path boro. They wanted to be served, but were re- from Pennsylvania (Mr. DENT). for all future black athletes; the Greensboro fused and physically abused. They responded GENERAL LEAVE Four similarly broke down one of the key bar- to violence with nonviolence. Mr. DENT. Mr. Speaker, I ask unani- riers that kept black Americans from receiving The media focused on what was happening mous consent that all Members may equal treatment under the law. This small act in Greensboro, and African American college have 5 legislative days within which to of peaceful defiance inspired others to act in students across the South were inspired to revise and extend their remarks and in- protest and became a tidal wave for change. begin a lunch counter sit-in movement. They clude extraneous material on H.R. 324. The fact is that in any movement against in- filled jails, got out, sat-in again, and went back The SPEAKER pro tempore. Is there justice, the great majority of the population will to jail. They marched, picketed and refused to objection to the request of the gen- feel oppressed and disenfranchised, but few stop until the ‘‘Cotton Curtain’’ fell. tleman from Pennsylvania? will be ready to act, out of fear due to the Ten years after Brown, their dream was There was no objection. threat of violence from their oppressors. How- achieved when Congress passed the 1964 Mr. DENT. Mr. Speaker, I yield my- ever, there will be those brave few who will Civil Rights Act outlawing segregation in public self such time as I may consume. stare down this threat and act to undo the in- institutions. But it all began with four students Mr. Speaker, I rise in support of H.R. justice they face. The Greensboro Four rep- at North Carolina A & T. The nation owes 324, a bill to designate the U.S. postal resent those brave few who dared to act in the them a great debt of gratitude. facility at 321 Montgomery Road in face of oppression, they refused to be ruled by Mr. DAVIS of Illinois. Mr. Speaker, I Altamonte Springs, Florida, as the Ar- fear and they helped bring out others who yield back the balance of my time. thur Stacey Mastrapa Post Office could now see their way past their fears and Mr. DENT. Mr. Speaker, I urge all Building. I thank the gentleman from into their hope for a better future. Members to support and agree to House Florida (Mr. FEENEY) for sponsoring The act of being able to eat in a dining es- Concurrent Resolution 25. this legislation to honor Sergeant tablishment of our choice is one we take for Mr. Speaker, I yield back the balance Mastrapa, a courageous American hero granted in today’s America. It seems like such of my time. whom our Nation lost in the war on a simple issue, yet it was the simplest matters The SPEAKER pro tempore (Mr. terror. that were at the crux of the oppression faced TERRY). The question is on the motion Sergeant Arthur Mastrapa of by black Americans. Whether it was basic offered by the gentleman from Penn- Apopka, Florida, an Army Reservist housing, transportation or security issues, sylvania (Mr. DENT) that the House and military police officer, was killed black Americans were kept from realizing suspend the rules and agree to the con- in a rocket attack at a logistics sup- equal rights and equal protection. The Greens- current resolution, H. Con. Res. 25. port facility in Balad, Iraq, on June 16,

VerDate Aug 31 2005 06:39 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE5.REC H15FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 15, 2005 CONGRESSIONAL RECORD — HOUSE H597 2004. He was 35 years old. His loss was Sergeant Mastrapa was called back All human beings strive to occupy a made more tragic because it came just to active duty in 2003 to serve in Oper- valued place. One observer has offered 2 days before he was due to return ation Enduring Freedom. During his this definition for this desire: ‘‘You oc- home with his comrades in the 351st military service, he earned medals for cupy a valued place if other people Military Police Company, based in good conduct and service in the na- would miss you if you were gone.’’ Ocala, Florida. He is survived by his tional defense. He received two Army Mr. Speaker, Arthur Mastrapa occu- loving wife, Jennifer, and his two lov- Achievement medals and ribbons for pied a valued place. He left behind a ing children, Marisa and Reese. service in military law enforcement. wife, Jennifer, and two children Marisa Nothing could be more appropriate or Sergeant Mastrapa was a loving fam- and Reese. They, along with the rest of fitting than to name this post office ily man. He left behind a wife and two his family, miss him terribly. after Sergeant Mastrapa. Mastrapa was children and many, many relatives in His co-workers miss him as well. One a Reservist and a postal letter carrier the central Florida area, Cuba, Michi- described Sergeant Mastrapa as a man who worked full time at this post office gan, and Australia. He was also loved who ‘‘loved his job, loved his family, on Montgomery Road in Altamonte and respected by his co-workers at the loved his country.’’ Springs. I hope and pray that the dedi- post office. Another said, ‘‘I only knew him a cation of this facility in Altamonte Designating the post office in short time but it was long enough to Springs will be a meaningful reminder Altamonte Springs, Florida, is an ex- know what a great guy he was. Arthur of Arthur’s life and service to his fam- cellent way to honor the memory of was a family man. He loved his kids ily, friends, colleagues, and neighbors. Arthur Stacey Mastrapa. and wanted them with him all of the The Mastrapa family needs to know Mr. Speaker, I commend my col- time.’’ that the heartfelt thoughts and prayers league for sponsoring this measure. I b 1445 urge swift passage of the bill. of all the Members of the House of Rep- So in an attempt to honor a man who resentatives are with them. We join Mr. Speaker, I have no further speak- ers at this time, and I yield back the occupied a valued place, his coworkers them in mourning their loss. requested that a special place be The United States of America owes balance of my time. named for him, the post office in its security and freedom to people like Mr. DENT. Mr. Speaker, I yield such Altamonte Springs, Florida, the very Arthur Mastrapa. Sergeant Mastrapa time as he may consume to the gen- place Sergeant Mastrapa worked prior and our Armed Forces have helped to tleman from Florida (Mr. FEENEY), my to leaving for Iraq for what turned out prevent another attack against Amer- distinguished colleague, the sponsor of to be his final journey. ica since September 11, 2001, by taking H.R. 324. Mr. FEENEY. Mr. Speaker, I thank Today, we are here to carry out his the war on terror straight to where our colleagues’ wish so they are reminded enemies live and plot. Certainly, the my friends from Pennsylvania and Illi- nois who did a great job describing the of Arthur Mastrapa when they arrive wonderful democratic election in Iraq for work each new day, and so his wife, on January 30 was in no small part pos- sacrifice that Mr. Mastrapa gave to his country on behalf of the citizens of his children, his family and his friends sible to Sergeant Mastrapa’s heroism. can come to see his name and remem- I know the Iraqi people, like all Iraq and, actually, freedom throughout ber his service, his sacrifice and his de- Americans, would thank Arthur if they the world. Mr. Speaker, today we honor a man cency. could. In closing, I would like to borrow Mr. Speaker, I thank the House lead- who honored us and dedicated his life from the words of President Harry Tru- ership for selecting this bill for floor to serving others. I thought I would man who said, ‘‘We know that helping consideration, and I greatly thank my take a few minutes to share some of others is the best way, probably the distinguished colleague from Florida the hometown effects of the loss of Ser- only way to achieve a better future for for working on H.R. 324. I urge all geant Mastrapa. ourselves.’’ Members to support this honor for Ser- Arthur Stacey Mastrapa put country and others above self. He possessed a Arthur Stacey Mastrapa’s desire to geant Arthur Mastrapa. help others and serve his country has Mr. Speaker, I reserve the balance of unique calling for both service and op- made the future a better place to live. my time. timism that left a mark on the lives of Mr. DAVIS of Illinois. Mr. Speaker, I all he met. I urge my colleagues to approve H. Res. yield myself such time as I may con- His sister-in-law, Tracy Mastrapa, 324 and create a lasting memorial to sume. described this calling: ‘‘He dedicated Sergeant Mastrapa’s name. Mr. Speaker, as a member of the his life to public service, first in active Mr. DENT. Mr. Speaker, I urge all House Committee on Government Re- duty as a military police officer, then Members to support H. Res. 324, and I form, I am pleased to join my colleague as a postal worker, and finally as a Re- yield back the balance of my time. The SPEAKER pro tempore (Mr. in consideration of H.R. 324, legislation serve MP. He was called to serve his TERRY). The question is on the motion naming the postal facility in country, which he did proudly with the offered by the gentleman from Penn- Altamonte Springs, Florida, after Ar- utmost integrity.’’ sylvania (Mr. DENT) that the House thur Stacey Mastrapa. This measure, His calling led him to join the Army suspend the rules and pass the bill, which was introduced by the gen- in 1992 and then as he left the Army, to reenlist in the Army Reserves after his H.R. 324. tleman from Florida (Mr. FEENEY) on The question was taken. January 25, 2005, and unanimously re- active duty years ended. The SPEAKER pro tempore. In the His career outside the Reserve was ported by our committee on February opinion of the Chair, two-thirds of also in service of his fellow citizens, 9, 2005, enjoys the support and co-spon- those present have voted in the affirm- this time in central Florida. As a post- sorship of the entire Florida delega- ative. tion. al worker in Altamonte Springs, Flor- Mr. DENT. Mr. Speaker, on that I de- Mr. Mastrapa was a city letter car- ida, he earned the respect of those mand the yeas and nays. rier at the Arthur Springs Post Office around him. One of his colleagues said The yeas and nays were ordered. who served in the United States Army of his work, ‘‘I respected him for his The SPEAKER pro tempore. Pursu- Military Police in Iraq when he was positive outlook and his level head. ant to clause 8 of rule XX and the killed in action on June 16, 2004. He was Also, his customers remarked how Chair’s prior announcement, further 35 years old and due to return home the much they liked him and appreciated proceedings on this motion will be week that he was killed. his dedication. He was a hard worker postponed. Arthur Stacey Mastrapa joined the and good family man.’’ f U.S. Army in 1992 and served at the Two years ago, Sergeant Mastrapa Redstone Arsenal in Alabama and later answered the call to serve for what CONGRATULATING THE NEW ENG- in Germany. He left active duty in 1998 turned out to be the final time. He and LAND PATRIOTS FOR WINNING and joined the U.S. Army Reserve. He his Reserve unit, the 351st Military Po- SUPER BOWL XXXIX became a letter carrier casual in lice, were deployed to Iraq. Last June Mr. DENT. Mr. Speaker, I move to Altamonte Springs and soon earned a in Iraq, Sergeant Mastrapa made the suspend the rules and agree to the reso- career appointment. ultimate sacrifice. lution (H. Res. 86) congratulating the

VerDate Aug 31 2005 06:39 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE5.REC H15FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H598 CONGRESSIONAL RECORD — HOUSE February 15, 2005 New England Patriots for winning There was no objection. and for the third time in 4 years, the Super Bowl XXXIX. Mr. DENT. Mr. Speaker, I yield my- New England Patriots, and the Brady The Clerk read as follows: self such time as I may consume. branch connection in particular, H. RES. 86 Mr. Speaker, I am truly honored to proved to all of us that they are indeed Whereas on February 6, 2005, in Jackson- be a new Member of the House. I look the champions of football. ville, Florida, the New England Patriots de- forward with great anticipation to this Mr. Speaker, while I am indeed feated the Philadelphia Eagles by a score of body’s numerous deliberations on con- heartbroken and crestfallen in the 24 to 21 in Super Bowl XXXIX to win the Na- sequential issues in the months and wake of the Eagles’ loss, I want to sin- tional Football League (NFL) Championship; years ahead. Engaging in debate for cerely congratulate my colleague, the Whereas the Patriots’ victory in Super this resolution, however, is unfortu- gentleman from Massachusetts (Mr. Bowl XXXIX resulted in their third cham- nately not one that I have looked for- FRANK) both for the success of his Pa- pionship in the last four years, the first being a 20 to 17 victory over the St. Louis ward to. triots and for moving forward this res- Rams in Super Bowl XXXVI and the second Mr. Speaker, House Resolution 86 olution on the team’s behalf. being a 32 to 29 victory over the Carolina congratulates the New England Patri- Mr. Speaker, I reserve the balance of Panthers in Super Bowl XXXVIII; ots on winning Super Bowl XXXIX over my time. Whereas the Patriots’ victory over the Ea- the Philadelphia Eagles 24 to 21 on Feb- Mr. DAVIS of Illinois. Mr. Speaker, gles clinched back-to-back championships ruary 6, Super Bowl Sunday. As a big it is my pleasure to yield such time as for the first time in franchise history; Eagles’ fan myself, I know the rules of he might consume to the gentleman Whereas in winning Super Bowl XXXIX, the House preclude me from wearing from Massachusetts (Mr. MARKEY), a the Patriots became only the second fran- this hat, but I thought I would just chise in NFL history to win three Super son of New England and a very proud Bowls in four years; show it to our audience. I am a dear Patriots fan. Whereas beginning during the 2003 season and devoted Eagles’ fan, but I had a Mr. MARKEY. Mr. Speaker, I thank and stretching into the 2004 season, the Pa- very tough day, as did millions of other the gentleman very much for the time. triots won 21 consecutive games, 18 during Eagles’ fans across the country. I thank the gentleman from Massa- the regular season and 3 during the post-sea- With this Super Bowl title, their chusetts (Mr. FRANK) for asking for son, setting franchise and league records for third in the last four seasons, the Pa- this time for a resolution to honor our consecutive victories; triots have indeed earned their place great New England Patriots who now Whereas owner Robert Kraft, through atop the football world, and they de- go down into history as one of the sound management and by instilling a team- first philosophy, has made the Patriots the serve this honor from the House. greatest football teams of all time, and model NFL franchise; On behalf of all Members, I salute the in honor of that, I have a very brief Whereas Head Coach Bill Belichick, Offen- Patriots for solidifying their place as poem that I thought I would read to sive Coordinator Charlie Weis, and Defensive one of the most successful dynasties in honor this great family and great Coordinator Romeo Crennel, stressing team- NFL history. team. work and determination, led the Patriots to In this era of great parity in the To the New England Patriots: their ninth straight playoff victory by win- NFL, the Patriots’ recent success may The New England Patriots we proud- ning Super Bowl XXXIX and to their second not soon be replicated. Their three ly honor today, they’ve won three consecutive 14 win regular season, advancing Super Bowls put New England in a to the Super Bowl by defeating the record- Super Bowls in 4 years with their re- setting Indianapolis Colts and the number class with other great franchises in markable play. one seeded Pittsburgh Steelers in the Amer- pro-football history, like the Pitts- From top to bottom, the Patriots ican Football Conference (AFC) playoffs; burgh Steelers in the 1970s, the San have clearly shown why in football’s Whereas the Patriots’ ability to win de- Francisco 49ers in the 1980s, and the history books they will be known. spite serious injuries is a testament to the Dallas Cowboys in the 1990s. For their great example both on and coaching staff and the desire of the team to This was the Patriots’ ninth straight off the field the principles of hard work defend their title and win another Super win in the playoffs over the past 4 and team play they never yield. Bowl; years, which equals the great run of It starts with Bob Kraft, Myra and Whereas wide-receiver Deion Branch, who had a record-tying 11 catches for 133 yards, Vince Lombardi’s Green Bay Packers kin, whose motto is simple, with class was selected as the Most Valuable Player during the 1960s as the best pro-season we shall win. (MVP) of the Super Bowl for the first time, stretch of all time. Led by their infal- Belichick and Pioli then constructed joining two-time Super Bowl MVP quarter- lible coach Bill Belichick, quarterback their teams about which others could back Tom Brady as the only Patriots in NFL Tom Brady, safety Rodney Harrison only have dreams. history chosen to receive this prestigious and Super Bowl MVP Deion Branch, Because the coaching is so great on award; and the Patriots continued to do whatever both defense and offense the outcomes Whereas all of New England is proud of the it takes to win big games, and the of Pats games are almost never in sus- accomplishments of the entire Patriots orga- nization and the dedication of the faithful Brady branch connection proved too pense. New England fans throughout the 2004–05 much for the Eagles. They have won But on the field, it’s the players who NFL season: Now, therefore, be it each of their three Super Bowls by just win each big game and every one of Resolved, That the House of Representa- three points, but Mr. Speaker, I want them belongs in a winner’s Hall of tives congratulates the National Football to take a moment to recognize our Fame. League Champion New England Patriots on Philadelphia Eagles for their out- Quarterback Tom Brady is a football their extraordinary victory in Super Bowl standing season as well. legend in the making. He’s never lost a XXXIX. The Eagles went 13–3 during the reg- playoff game, leaving opponents with The SPEAKER pro tempore. Pursu- ular season and reached the Super heads shaking. ant to the rule, the gentleman from Bowl for the first time since 1981 and Corey Dillon in the backfield, Deion Pennsylvania (Mr. DENT) and the gen- the second time in team history. Quar- Branch the Super Bowl MVP; and how tleman from Illinois (Mr. DAVIS) each terback Donovan McNabb has been about Troy Brown playing not just one will control 20 minutes. their catalyst all season. He threw for way but three? The Chair recognizes the gentleman a whopping 357 yards and three touch- Rodney Harrison at safety, Teddy from Pennsylvania (Mr. DENT). downs on Super Bowl Sunday, and wide Brewski linebacker inside and veterans GENERAL LEAVE receiver Terrell Owens, who broke his McGinest and Vinatieri playing with Mr. DENT. Mr. Speaker, I ask unani- leg and tore a knee ligament just 7 great pride. mous consent that all Members may weeks before the Super Bowl, returned So after a season with 14 victories, have 5 legislative days within which to for the first time and remarkably the playoffs were ready to begin. Pey- revise and extend their remarks and in- caught nine passes for 122 yards. ton’s Colts came calling first, but Ro- clude extraneous material on H. Res. Over 130 million Americans are esti- meo’s ‘‘D’’ made their heads spin. 86, the resolution under consideration. mated to have watched at least part of The next stop was Pittsburgh for an The SPEAKER pro tempore. Is there the Super Bowl, nearly half of all resi- appointment with Big Ben, but the objection to the request of the gen- dents. Super Bowl Sunday has become rookie was no match for the Pats. They tleman from Pennsylvania? an unofficial holiday in this country, won by two scores and then.

VerDate Aug 31 2005 06:39 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE5.REC H15FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 15, 2005 CONGRESSIONAL RECORD — HOUSE H599 They faced off against the Eagles in racked up yards. On defense, everyone con- for the first time in 86 years to the Super Bowl XXXIX and victory, sweet tributed—Tedy Bruschi, Mike Vrabel, Ted World Series and knew from the Ea- victory, was theirs for a third time. Johnson, Richard Seymour, Roosevelt gles’ point of view how another hero, Discipline and focus, a new standard Colvin—the secondary led by Rodney Har- Terrell Owens, who is not only able to for teamwork has been set with Kraft rison, and the omnipotent Willie McGinest, the talk the talk as we all know, but in the and Belichick at the helm, more tro- wily veteran who hasn’t lost a step. And then Super Bowl he clearly walked the walk; phies they are sure to get. you have the extraordinary Troy Brown. He and from all of us from New England Now one thing is for certain, fans and exemplifies how Patriot players put the team who appreciate heroes, Terrell Owens experts all agree, the New England Pa- first. Troy is a receiver and returns punts ordi- certainly earned his stripes in that triots are football’s newest world-class narily, but when injuries began piling up in the game. dynasty. Patriots secondary—Troy learned to play in But if there is one person on the Pa- We honor Bob Kraft and his wife the defensive backfield. triots that we would pay tribute to, it Myra, his son Jonathan, his entire fam- Mr. Speaker, the New England Patriots would be a person who has been an of- ily, the coaches, the players and the have left an indelible mark in the football his- fensive player for all of his 12 years for greatest fans in the world, the New tory books, clearly establishing themselves as the Patriots, that being Troy Brown. England fans, for the incredible season the first sports dynasty of the 21st Century. This year, with injuries in the depleted that just culminated with great antici- They represent the very best of New England secondary, Troy Brown was asked to pation for the one that will begin again and have earned the adoration of their fans— play defense, and he had to go to team this fall. Patriot Nation. I congratulate Bob, Myra and meetings on both the offensive side of I thank again the gentleman from Jonathan Kraft, Coach Belichick and all of the the ball and the defensive side of the Massachusetts (Mr. FRANK) for this res- coaching staff and each and every player for ball, as well as continuing with his olution, and I thank the gentleman an exciting season, and a fantastic post-sea- punt return duties. from Illinois for recognizing me. son, and for winning their third world cham- Troy Brown epitomized what it Mr. Speaker, I rise in support of Mr. FRANK’s pionship in four years. means to be a Patriot. Yes, he clearly resolution and join with the entire New Eng- I thank Mr. FRANK for introducing this resolu- probably would have preferred to be a land delegation in honoring the remarkable tion. pass receiver, but when duty called, he achievements of the Super Bowl Champion Mr. DENT. Mr. Speaker, I yield as did what it took to help the Patriots New England Patriots. In the interest of good much time as he may consume to the win their third Super Bowl in a row. sportsmanship, I also want to commend the gentleman from New Hampshire (Mr. Troy Brown epitomizes the spirit of the Philadelphia Eagles and their owner Jeffrey BRADLEY), my distinguished colleague. Patriots. Lurie for a terrific season. Mr. BRADLEY of New Hampshire. We hope for a successful year next Mr. Speaker, the New England Patriots Mr. Speaker, I thank the gentleman year, and we know that there are 31 have redefined teamwork. Even as individual very much for the time, and I would other teams, including two from Penn- accomplishments are recognized and re- like to thank my distinguished col- sylvania, who would like to knock off warded at every turn in professional sports, league for such a gracious introduction the Patriots next year, and we cannot the New England Patriots have demonstrated to this resolution, especially from wait for the next season of football. that winning championships is all about team- Pennsylvania, which not only saw the I ask for my colleagues’ support for work. Without question the Patriots are a team Patriots beat one Pennsylvania team H. Res. 86. filled with extremely talented football players, but two Pennsylvania teams. So I Mr. DAVIS of Illinois. Mr. Speaker, but each puts the team ahead of his own sta- thank him for that very gracious rec- it is my pleasure to yield such time as tistics and accolades. ognition. he might consume to the gentleman This philosophy, and this incredible record The New England Patriots have a from Massachusetts (Mr. MCGOVERN). of winning with class, is a tribute to Robert motto. It is always team first and team Mr. MCGOVERN. Mr. Speaker, I Kraft, owner of the New England Patriots, and above everything else, and when we thank the gentleman from Illinois for the organization he has built. His son Jona- talk about the New England Patriots, the time, and Mr. Speaker, I want to than has been there every step of the way as we talk about the full roster of 53 peo- join with my other New England col- this team has traversed the path to greatness. ple and how from 1 to 53 they play as a leagues in congratulating the world The team is fortunate to have Bill Belichick, unit, and they subvert all of their indi- champion New England Patriots for who brings an outstanding work ethic and vidual goals to that of the team win- their victory from Super Bowl XXXIX. knack for teaching football to this enterprise. ning and the team winning playoff Over the past few years, the Patriots And Scott Pioli continues to be a player per- games. have put the rhetoric of teamwork into sonnel phenom. As every fan in New England It begins with the ownership of the practice on the field. They work hard knows, Bill is a coaching genius, and a man team, the Kraft family, who have without show-boating or glory-seeking who now finds himself in the elite company of shown vision and determination in to be the best football team possible. the legendary Vince Lombardi. What’s more, building a new stadium and bringing a he assembled an outstanding staff of assist- top-quality product to all of us in New 1500 ants, notably Defensive Coordinator Romeo England. b Crennel and Offensive Coordinator Charlie It then goes through the coaching They deserve the mantle of dynasty, Weis. The coaches’ game day schemes kept staff with Coach Belichick, who has and we are proud of their success. I opponents guessing all through this past sea- shown tenacity, creativity, hard work particularly want to congratulate son as the Patriots won 14 games, through and planning for every eventuality owner Bob Kraft and head coach Bill the playoffs in blowout victories over Indianap- that has made the Patriots just a little Belichick for their hard work and dedi- olis and Pittsburgh, and right on into the Super cut above its competitors in record cation, not just to the game of football Bowl match-up and win against the Philadel- fashion, winning three Super Bowls in but also to our community. And of phia Eagles. the last 3 years, a 21-game winning course I want to congratulate the mag- So the Patriots have a great owner and streak, winning 34 of the last 36 games. nificent players. great coaches—and they have certainly dem- As we talk about the Patriots’ suc- Mr. Speaker, all of us in Massachu- onstrated that they also have great players— cess, though, it is also important to setts, indeed all of us throughout New guys who put the team first—and guys who pay tribute to worthy opponents, in England, have been given an embar- can win championships. Led by the amazing particular, in the playoffs, the Indian- rassment of sports riches in the last Tom Brady who has never lost a playoff apolis Colts, Pittsburgh and Philadel- year. First, our beloved Red Sox ended game—he can beat you with his heart or his phia teams, all of whom played tremen- 86 years of misery, first by coming head. The team has an outstanding offensive dously well, had great seasons and, in from behind to defeat the New York line and receiver corps—Deion Branch tied a particular, Philadelphia who came so Yankees in the American League Super Bowl record for receptions and was close in that game. Championship Series, and then sweep- named the game’s Most Valuable Player. In For those of us from New England, ing the St. Louis Cardinals in the the backfield, the combination of Corey Dillon we saw a hero in Curt Schilling in the World Series. And now the Patriots are and Kevin Faulk wore down defenses and World Series that brought the Red Sox once again world champions.

VerDate Aug 31 2005 06:39 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE5.REC H15FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H600 CONGRESSIONAL RECORD — HOUSE February 15, 2005 I hope that the rest of the country is tional Football League history. With football fans everywhere, I wish him patient with those of us in New Eng- this win, Bill Belichick improves his continued success in his already re- land as we adapt to these new cir- playoff record to 10 and 1, the best markable career. cumstances. After all, we have much playoff record of any coach with three Mr. BISHOP of Georgia. Mr. Speaker, it is more practice with frustration and Super Bowl wins. His record even an honor for me to rise in support of H. Res. heartbreak. eclipses that of the legendary coach, 86, congratulating the New England Patriots Mr. Speaker, again, I want to con- Vince Lombardi. on winning Super Bowl XXXIX. The Patriots’s gratulate the Patriots for their tre- Congratulations to the New England victory is indeed cause for celebration in my mendous season, and I look forward to Patriots and their fans and, once again, district as fans in Albany, GA, and throughout watching them continue their success for a terrific year. I am sure that it all of southwest Georgia watched with pride as in the years to come. will not be their last, and I know that our native son, Deion Branch led his team to I urge my colleagues to support this the Chicago Bears have been waiting victory as this year’s most valuable player. We resolution. and watching and hoping to emulate could not be more proud. Mr. DENT. Mr. Speaker, I have no their success. We salute the New England Patriots for other requests for time at the moment. Mr. DAVIS of Illinois. Mr. Speaker, I their third Super Bowl Victory in 4 years. Only I reserve the balance of my time. yield back the balance of my time. one other team has ever won the Lombardi Mr. DAVIS of Illinois. Mr. Speaker, I Mr. DENT. Mr. Speaker, I yield my- Trophy so many times in so few years, yet no yield myself such time as I may con- self such time as I may consume. On other receiver in history has put together back- sume to close for our side. behalf of the Commonwealth of Penn- to-back performances like Deion Branch. In Mr. Speaker, I rise today to support sylvania, the Philadelphia Eagles, and Super Bowl XXXVIII, which the Patriots won H. Res. 86, which pays tribute to the the Pittsburgh Steelers and all of their 32–29 over the Carolina Panthers, Deion New England Patriots, their owner, fans, I urge all Members of the House Branch caught 10 passes for 143 years, in- Robert Kraft, their coach, Bill to support the adoption of House Reso- cluding the game’s first touchdown and the Belichick, and their dedicated fans for lution 86. catch that set up the Patriot’s winning field the team’s historic achievement of Mr. LANTOS. Mr. Speaker, at the goal. He should have won MVP then, but this winning Super Bowl XXXIX. risk of being as repetitive as the New year he bested even himself, tying the Super As an avid, patient, and optimistic England Patriots, I rise to extol one of Bowl record with 11 catches for a total of 133 Chicago Bears fan, I understand how San Mateo, California’s favorite sons, years. having a great football team can lift the quarterback of the Patriots, Tom From the days when he was deemed too the spirits of an entire community. Brady. His continued success in the Na- small for middle school football, to his years The fans of New England have stood tional Football League is a source of on the Monroe High School team to the Uni- loyally with the Patriots in tough great pride for the city of San Mateo, versity of Louisville, to his historic career in times since their inception in 1962. which is located in my congressional professional football, Deion Branch has made However, over the last 4 years their district, and for the entire Bay Area as up for what he lacks in size with a spirit and dedication has been rewarded with well. a talent that defines him as one of the best to three Super Bowl victories. After leading the New England Patri- ever play the game. In spite of their previous success, ots to a spectacular 14-win regular sea- On behalf of the city of Albany, the 2nd this season’s Super Bowl championship son, Tom continued his winning ways Congressional District and football fans every- did not come easily. Headed into the in a post-season that culminated in the where, I wish him continued success in his al- playoffs, the Patriots suffered two dis- Patriots’ third Super Bowl victory in ready remarkable career and strongly urge my appointing losses, and it was predicted four years. As we have come to expect, colleagues to vote in favor of H. Res. 86 con- by many that they would lose their Tom Brady guided his team to victory gratulating the New England Patriots on their first playoff game. with a near flawless performance. He outstanding achievement. The Patriots had a different plan. completed 23 of the 33 passes he threw Mr. MEEHAN. Mr. Speaker, I rise in enthusi- They first shut down Peyton Manning with zero interceptions, and finished astic support of H. Res. 86, congratulating our and the Indianapolis Colts in New Eng- with a higher quarterback rating than New England Patriots on winning their third land by a score of 20 to 3. The Patriots either of his previous Most Valuable Super Bowl in 4 years. then headed to Pittsburgh to play their Player performances. The word ‘‘dynasty’’ has become synony- rivals, the Steelers, a team that had Mr. Speaker, Tom Brady’s extraor- mous with the New England Patriots. And de- beaten them decisively earlier in the dinary play in the Super Bowl is even servedly so. Only one other team has accom- year. more remarkable when one considers plished what the Patriots have done—the Dal- Despite being dubbed the ‘‘team with the great personal grief he had to over- las Cowboys of the early 1990s. I believe that no stars,’’ the Patriots easily disposed come when his grandmother passed these Patriots have staked a real claim on the of the Steelers by winning 41 to 27, and away just five days before the big moniker of ‘‘America’s Team.’’ quieted their critics. Their final test game. Instead of allowing his loss to But when the history of this team is written, would come in the Super Bowl. Tech- overwhelm him, Tom demonstrated his there is one word that seems most fitting: nically favored to win the Super Bowl professionalism by remaining focused class. in Jacksonville, many people believed and played a great game. I am sure Class means many things, especially in the that Coach Belichick and his players that even though she could no longer world of sports. would be outplayed by Donovan attend his games, Margaret Brady, Class means a head coach, such as bill McNabb, Terrell Owens, and the rest of known as Peggy to her friends and fam- Belichick, who immediately after overtaking the Eagles’ high-scoring attack. ily, cheered her grandson on as he per- Vince Lombardi as the NFL coach with the Once the game was played, however, formed on one of the world’s largest best playoff winning percentage talks about it was the Patriots who celebrated. stages and proudly cheered him on as ‘‘starting at the bottom of the mountain’’ next After falling behind early in the game, she had done since his school yard season. It also means a coach who deflects the Patriots players displayed the days. personal credit as adroitly as he outsmarts op- hearts of champions by clawing their Mr. Speaker, I am delighted to pay posing coaches. Similarly, class seems suit- way back and ultimately winning the tribute to Tom Brady, who has been able for a coach who should rather talk end- game by a score of 24 to 21. thrilling football fans since he was the lessly about his role models than about him- By winning their third championship, quarterback at Junipero Serra High self, even after he eclipses those role models the Patriots solidified their place as School, home of the Padres in San in all measures of success. one of the National Football League’s Mateo. By leading the New England Class also means a team that overcomes greatest teams. Patriots to victory in Super Bowl injuries to two key starters, Ty Law and Ty- Mr. Speaker, I take a moment to XXXIX, Tom Brady joins Terry Brad- rone Poole, when unheralded players, such as commend the efforts of the master- shaw, Troy Aikman and his boyhood Randall Gay and Asante Samuel, play like mind behind the operations, Coach Bill idol, Joe Montana, as the only quarter- seasoned veterans in the most stressful situa- Belichick, who has solidified his stand- backs to win at least three NFL titles. tions imaginable, to the disbelief of all observ- ings as one of the great coaches in Na- On behalf of the city of San Mateo and ers. It means a group of players whom many

VerDate Aug 31 2005 06:39 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00012 Fmt 7634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H15FE5.REC H15FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 15, 2005 CONGRESSIONAL RECORD — HOUSE H601 outside New England don’t recognize by name Whereas fire chiefs associations provide chiefs, chief fire officers and managers or face but only as part of a team. And class comprehensive and integrated statewide pub- of emergency service organizations might also describe a team whose accom- lic safety efforts, thereby enhancing the throughout the United States. plishments are sometimes dismissed as ‘‘luck’’ quality of life of American citizens by reduc- The members are literally on the ing the effects of fire, medical, and environ- even when, by definition, ‘‘luck’’ can’t explain mental emergencies; front lines of the homeland security ef- continuous triumph, game after game, season Whereas all fire chiefs associations serve fort, ready to respond in a moment’s after season, at home and on the road, in to provide educational resources to fire- notice to crisis situations anywhere in close games and blowouts, in air-conditioned fighters, facilitate information exchange and America. Fire chiefs are unquestion- domes and Foxborough blizzards. regional cooperation between firefighting en- ably the world’s leaders in fire fight- Class refers to players, such as Tom Brady tities, and provide professional development ing, first response, emergency medical and Deion Branch, who would rather credit workshops and training to all statewide and services, natural disasters, search and their teammates than tout their own efforts. regional firefighters; rescue, and many other areas of public Whereas the mission statements of all fire Class describes players such as Willie safety. Their efforts largely go unno- McGinest and Tedy Bruschi, who would rather chiefs associations have continuously broad- ened beyond the original goals of working for ticed, which is why I am so pleased win Super Bowls than All-Pro invitations, as the promotion of fire prevention and protec- that the House is taking time to recog- well as players such as Corey Dillon and Rod- tion from and extinguishment of fires to nize fire chiefs associations today. ney Harrison, who have silenced past critics keep pace with the new challenges and de- Mr. Speaker, my thanks go to the with their on-field performance not their off- mands facing the 21st Century, working in gentleman from Virginia (Mr. GOODE) field remarks. conjunction with the Nation’s efforts in se- for introducing this resolution. I urge Class means owners who care as much curing the homeland; the adoption. about the team as does the most passionate Whereas to accommodate the homeland se- curity needs facing the Nation, the mission Mr. Speaker, I reserve the balance of fan. The Kraft family, longtime New my time. Englanders and Patriots’ season ticket hold- statements of fire chiefs associations today include facilitating the exchange of regional Mr. DAVIS of Illinois. Mr. Speaker, I ers, seem to fit that description to a tee. Like yield myself such time as I might con- the rest of Patriots Nation in 1994, Robert and and national information, organizing annual conferences and symposiums to discuss ways sume. Mr. Speaker, every year fires Myra Kraft were devastated to see the team of improving life-saving procedures, assist- and other emergencies take thousands on the verge of moving to St. Louis. So much ing in research studies, assisting in the de- of lives and destroy property worth bil- so, in fact, that they spent $200 million to pre- velopment of public education in fire preven- lions of dollars. vent that from happening. tion programs, and supporting and encour- Fire fighters help protect the public Class also means owners who view their aging the delivery of prehospital emergency role in the community with dignity and respon- medical services by the fire service to relieve against these dangers by rapidly re- sibility. Although the Kraft family builds cham- human suffering; sponding to a variety of emergencies. pionships and unrivaled proficiency, their off- Whereas the Virginia Fire Chiefs Associa- They are frequently the first emer- field victories may be even more impressive. tion serves as a fine example of such a State gency personnel at the scene of a traf- Through the Patriot Charitable Foundation, the fire chiefs association, which has recognized fic accident or medical emergency and Krafts have made charitable affairs an integral the aforementioned needs and broadened its may be called upon to put out a fire, mission to serve not only statewide inter- treat injuries, or perform other vital part of their community presence, and as im- ests, but regional and national interests; portant a goal as any Super Bowl victory. functions. State fire chiefs associations Whereas upon realizing the need for re- serve to provide educational resources And perhaps most importantly, class means gional cooperation toward the advancement never describing oneself as a ‘‘dynasty,’’ be- of fire service in the United States, the Vir- to fire fighters, to facilitate the ex- cause dynasties are never proclaimed, but ginia Fire Chiefs Association established the change of information, to promote re- only earned—something a team with class, Mid-Atlantic Expo and Symposium, which gional cooperation between firefighting like the New England Patriots, knows quite annually draws from States within the Mid- entities and to provide professional de- well. Atlantic region of the United States and velopment workshops and training to I join my colleagues in saluting the unsur- which serves to educate firefighters on new all state-wide and regional fire fight- passed accomplishments of the New England techniques; and ers. Patriots. Whereas on the occasion of their 75th An- These efforts in recent years have Mr. DENT. Mr. Speaker, I have no niversary, the Virginia Fire Chiefs Associa- tion, will be once again hosting their annual been broadened to include protecting further requests for time, and I yield Mid-Atlantic Expo and Symposium, on Feb- the homeland. The Illinois Fire Chiefs back the balance of my time. ruary 24, 2005: Now, therefore, be it Association is dedicated to promoting The SPEAKER pro tempore (Mr. Resolved, That the House of Representa- excellence in the fire service by pro- CHOCOLA). The question is on the mo- tives commends all fire chiefs associations viding the network of information tion offered by the gentleman from on the outstanding service that they provide sharing and opportunities for its di- Pennsylvania (Mr. DENT) that the to the citizens of the United States. verse membership and associated part- House suspend the rules and agree to The SPEAKER pro tempore. Pursu- nerships through education, legisla- the resolution, H. Res. 86. ant to the rule, the gentleman from tion, and technical means. The question was taken; and (two- Pennsylvania (Mr. DENT) and the gen- The fire chiefs associations help us thirds having voted in favor thereof) tleman from Illinois (Mr. DAVIS) each do our jobs, which is to serve and pro- the rules were suspended and the reso- will control 20 minutes. tect the American public. I commend lution was agreed to. The Chair recognizes the gentleman the Illinois Fire Chiefs Association and A motion to reconsider was laid on from Pennsylvania (Mr. DENT). the table. all fire chief associations for their hard GENERAL LEAVE work and dedication. They function for Mr. DENT. Mr. Speaker, I ask unani- f all of us and in our best interest. mous consent that all Members may RECOGNIZING VIRGINIA FIRE Mr. Speaker, I yield back the balance have 5 legislative days within which to CHIEFS ASSOCIATION ON ITS of my time. revise and extend their remarks and in- 75TH ANNIVERSARY Mr. TOM DAVIS of Virginia. Mr. Speaker, I clude extraneous material on the reso- rise today in support of H. Res. 80, which rec- Mr. DENT. Mr. Speaker, I move to lution under consideration. suspend the rules and agree to the reso- The SPEAKER pro tempore. Is there ognizes the Virginia Fire Chiefs Association on lution (H. Res. 80) recognizing the Vir- objection to the request of the gen- the occasion of its 75th anniversary and com- ginia Fire Chiefs Association on the oc- tleman from Pennsylvania? mends the Virginia Fire Chief’s Association for casion of its 75th anniversary and com- There was no objection. being an annual sponsor of the Mid-Atlantic mending the Virginia Fire Chiefs Asso- Mr. DENT. Mr. Speaker, I yield my- Expo and Symposium. ciation for sponsoring annually the self such time as I may consume. Mr. Fire chiefs throughout the Nation provide Mid-Atlantic Expo and Symposium, as Speaker, House Resolution 80, as decisive leadership that is key to the success amended. amended, commends all State fire of America’s firefighters and first responders. The Clerk read as follows: chiefs associations. Every State in the The fire chief’s associations in each State play H. RES. 80 Union has a fire chiefs association. a critical role in coordinating this important ef- Whereas every State in the United States These groups provide valuable leader- fort. Their members are literally on the front has established a fire chiefs association; ship skills to career and volunteer lines of the homeland security effort, ready to

VerDate Aug 31 2005 06:39 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00013 Fmt 7634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H15FE5.REC H15FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H602 CONGRESSIONAL RECORD — HOUSE February 15, 2005 respond in a moment’s notice to crisis situa- PERMISSION FOR COMMITTEE ON Davis (TN) Jenkins Nussle Davis, Jo Ann Jindal Oberstar tions anywhere in America. EDUCATION AND THE WORK- Davis, Tom Johnson (CT) Obey I have been able to witness the firm dedica- FORCE TO HAVE UNTIL 5 P.M. Deal (GA) Johnson (IL) Olver tion and guidance the fire chiefs in my con- FRIDAY, FEBRUARY 25, 2005 TO DeFazio Johnson, E. B. Ortiz FILE REPORT ON H.R. 27, JOB DeGette Johnson, Sam Osborne gressional district have provided. Unfortu- Delahunt Jones (NC) Otter nately, their selfless efforts largely go unno- TRAINING IMPROVEMENT ACT DeLauro Jones (OH) Owens ticed, which is why I am pleased the House is Mr. BOEHNER. Mr. Speaker, I ask DeLay Kanjorski Oxley Dent Kaptur Pallone taking this opportunity to recognize the Vir- unanimous consent that the Com- Diaz-Balart, L. Keller Pascrell ginia Fire Chiefs Association for their great mittee on Education and the Workforce Diaz-Balart, M. Kelly Pastor achievements today. may have until 5 p.m. on Friday, Feb- Dicks Kennedy (MN) Paul Dingell Kennedy (RI) Payne Mr. Speaker, I applaud Congressman VIRGIL ruary 25, 2005, to file a report to accom- Doggett Kildee Pearce GOODE of my home State of Virginia for intro- pany H.R. 27. Doolittle Kilpatrick (MI) Pelosi ducing this important resolution and urge an The SPEAKER pro tempore. Is there Doyle Kind Pence objection to the request of the gen- Drake King (IA) Peterson (MN) ‘‘aye’’ vote. Dreier King (NY) Peterson (PA) tleman from Ohio? Mr. GOODE. Mr. Speaker, I offer my strong Duncan Kingston Petri There was no objection. Edwards Kirk Pickering support of passing H. Res. 80, which honors Ehlers Kline Pitts the Virginia Fire Chiefs Association on reach- f Emanuel Knollenberg Platts Emerson Kolbe Poe ing their 75th anniversary and commends ANNOUNCEMENT BY THE SPEAKER them for annually hosting the Mid-Atlantic Engel Kucinich Pombo PRO TEMPORE English (PA) Kuhl (NY) Pomeroy Expo and Symposium, and honors all Fire Etheridge LaHood Porter Chiefs Associations across the United States The SPEAKER pro tempore. Pursu- Evans Langevin Portman of America for their hard work on behalf of the ant to clause 8 of rule XX, proceedings Everett Lantos Price (GA) will resume on motions to suspend the Farr Larsen (WA) Price (NC) all citizens in this country. The Virginia Fire Fattah Larson (CT) Pryce (OH) Chiefs Association serves as an outstanding rules previously postponed. Feeney Latham Putnam model for the importance that fire chiefs asso- Votes will be taken in the following Ferguson LaTourette Radanovich ciations serve in our country, while confronted order: Filner Leach Rahall House Concurrent Resolution 25, by Fitzpatrick (PA) Lee Ramstad with new challenges facing fire services in en- Flake Levin Rangel suring the safety of our citizens and in pro- the yeas and nays; Foley Lewis (CA) Regula tecting our homeland. I congratulate the Vir- H.R. 324, by the yeas and nays. Forbes Lewis (GA) Rehberg Ford Lewis (KY) Reichert ginia Fire Chiefs Association on reaching its f Fortenberry Linder Renzi 75th Anniversary. I hope that all will vote for Fossella Lipinski Reyes H. Res. 80, the Virginia Fire Chiefs Resolu- RECOGNIZING CONTRIBUTIONS OF Foxx LoBiondo Reynolds tion, and hope the U.S. House of Representa- ‘‘GREENSBORO FOUR’’ TO THE Frank (MA) Lofgren, Zoe Rogers (AL) CIVIL RIGHTS MOVEMENT Franks (AZ) Lowey Rogers (KY) tives will support this resolution and pass it Frelinghuysen Lucas Rogers (MI) today. The SPEAKER pro tempore. The Gallegly Lungren, Daniel Rohrabacher pending business is the question of sus- Garrett (NJ) E. Ros-Lehtinen Mr. DENT. Mr. Speaker, I yield back Gerlach Lynch Ross the balance of my time. pending the rules and agreeing to the Gibbons Mack Rothman concurrent resolution, H. Con. Res. 25. Gilchrest Maloney Roybal-Allard The SPEAKER pro tempore. The The Clerk read the title of the con- Gillmor Manzullo Royce question is on the motion offered by current resolution. Gingrey Marchant Ruppersberger the gentleman from Pennsylvania (Mr. Gohmert Markey Rush The SPEAKER pro tempore. The DENT) that the House suspend the rules Gonzalez Marshall Ryan (OH) question is on the motion offered by Goode Matheson Ryan (WI) and agree to the resolution, H. Res. 80, the gentleman from Pennsylvania (Mr. Goodlatte McCarthy Ryun (KS) as amended. Gordon McCaul (TX) Sabo DENT) that the House suspend the rules Granger McCollum (MN) Salazar The question was taken; and (two- and agree to the concurrent resolution, Graves McCotter Sa´ nchez, Linda thirds having voted in favor thereof) H. Con. Res. 25, on which the yeas and Green (WI) McCrery T. the rules were suspended and the reso- Green, Al McDermott Sanchez, Loretta nays are ordered. Green, Gene McGovern Sanders lution, as amended, was agreed to. The vote was taken by electronic de- Grijalva McHenry Saxton The title of the resolution was vice, and there were—yeas 424, nays 0, Gutierrez McHugh Schakowsky amended so as to read: ‘‘A resolution not voting 9, as follows: Gutknecht McIntyre Schiff Hall McKeon Schwartz (PA) commending fire chiefs associations.’’. [Roll No. 32] Harman McKinney Schwarz (MI) A motion to reconsider was laid on YEAS—424 Harris McMorris Scott (GA) Hart McNulty Scott (VA) the table. Abercrombie Bonilla Carson Hastings (FL) Meehan Sensenbrenner Ackerman Bonner Carter Hastings (WA) Meek (FL) Serrano Aderholt Bono Case f Hayes Meeks (NY) Sessions Akin Boozman Castle Hayworth Melancon Shadegg Alexander Boren Chabot Hefley Menendez Shaw RECESS Allen Boswell Chandler Hensarling Mica Shays Baca Boucher Chocola Herger Michaud Sherman The SPEAKER pro tempore. Pursu- Bachus Boustany Clay Herseth Millender- Sherwood Baker Boyd Cleaver Higgins McDonald Shimkus ant to clause 12(a) of rule I, the Chair Baldwin Bradley (NH) Clyburn Hinchey Miller (MI) Shuster declares the House in recess until ap- Barrett (SC) Brady (PA) Coble Hinojosa Miller (NC) Simmons proximately 6:30 p.m. Barrow Brady (TX) Cole (OK) Hobson Miller, Gary Simpson Bartlett (MD) Brown (OH) Conaway Hoekstra Miller, George Skelton Accordingly (at 3 o’clock and 7 min- Barton (TX) Brown (SC) Conyers Holden Mollohan Slaughter utes p.m.), the House stood in recess Bass Brown, Corrine Cooper Holt Moore (KS) Smith (NJ) until approximately 6:30 p.m. Bean Brown-Waite, Costa Honda Moore (WI) Smith (TX) Beauprez Ginny Costello Hooley Moran (KS) Smith (WA) Becerra Burgess Cox Hostettler Moran (VA) Snyder f Berkley Burton (IN) Cramer Hoyer Murphy Sodrel Berman Butterfield Crenshaw Hunter Murtha Solis Berry Buyer Crowley Hyde Musgrave Souder b 1830 Biggert Calvert Cubin Inglis (SC) Myrick Spratt Bilirakis Camp Cuellar Inslee Nadler Stearns Bishop (GA) Cannon Culberson Israel Napolitano Strickland AFTER RECESS Bishop (NY) Cantor Cummings Issa Neal (MA) Sullivan Bishop (UT) Capito Cunningham Istook Neugebauer Sweeney The recess having expired, the House Blackburn Capps Davis (AL) Jackson (IL) Ney Tancredo was called to order by the Speaker pro Blumenauer Capuano Davis (CA) Jackson-Lee Northup Tanner Blunt Cardin Davis (FL) tempore (Mr. BURGESS) at 6 o’clock and (TX) Norwood Tauscher Boehlert Cardoza Davis (IL) Jefferson Nunes Taylor (MS) 30 minutes p.m. Boehner Carnahan Davis (KY)

VerDate Aug 31 2005 06:39 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE5.REC H15FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 15, 2005 CONGRESSIONAL RECORD — HOUSE H603 Taylor (NC) Van Hollen Westmoreland Diaz-Balart, M. Kennedy (MN) Payne Upton Watt Wicker Terry Vela´ zquez Wexler Dicks Kennedy (RI) Pearce Van Hollen Waxman Wilson (NM) Thomas Visclosky Whitfield Dingell Kildee Pelosi Vela´ zquez Weiner Wilson (SC) Thompson (CA) Walden (OR) Wicker Doggett Kilpatrick (MI) Pence Visclosky Weldon (FL) Wolf Thompson (MS) Walsh Wilson (NM) Doolittle Kind Peterson (MN) Walden (OR) Weldon (PA) Woolsey Thornberry Wasserman Wilson (SC) Doyle King (IA) Peterson (PA) Walsh Weller Wu Tiahrt Schultz Wolf Drake King (NY) Petri Wasserman Westmoreland Wynn Tiberi Watson Woolsey Dreier Kingston Pickering Schultz Wexler Young (AK) Tierney Watt Watson Whitfield Young (FL) Wu Duncan Kirk Pitts Towns Waxman Wynn Edwards Kline Platts Turner Weiner NOT VOTING—13 Young (AK) Ehlers Knollenberg Poe Udall (CO) Weldon (FL) Emanuel Kolbe Pombo Andrews Fattah Stupak Young (FL) Udall (NM) Weldon (PA) Emerson Kucinich Pomeroy Baird Hulshof Wamp Upton Weller Engel Kuhl (NY) Porter Crowley Miller (FL) Waters DeGette Murtha NOT VOTING—9 English (PA) LaHood Portman Etheridge Langevin Price (GA) Eshoo Stark Andrews Hulshof Stupak Evans Lantos Price (NC) Baird Miller (FL) Wamp Everett Larsen (WA) Pryce (OH) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Eshoo Stark Waters Farr Larson (CT) Putnam The SPEAKER pro tempore (Mr. Feeney Latham Radanovich BURGESS) (during the vote). Members ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Ferguson LaTourette Rahall The SPEAKER pro tempore (Mr. Filner Leach Ramstad are advised there are 2 minutes remain- BURGESS) (during the vote). Members Fitzpatrick (PA) Lee Rangel ing in the vote. are advised 2 minutes remain in this Flake Levin Regula Foley Lewis (CA) Rehberg b 1913 vote. Forbes Lewis (GA) Reichert So (two-thirds having voted in favor Ford Lewis (KY) Renzi b 1855 Fortenberry Linder Reyes thereof) the rules were suspended and So (two-thirds having voted in favor Fossella Lipinski Reynolds the bill was passed. Foxx LoBiondo Rogers (AL) thereof) the rules were suspended and The result of the vote was announced Frank (MA) Lofgren, Zoe Rogers (KY) as above recorded. the concurrent resolution was agreed Franks (AZ) Lowey Rogers (MI) to. Frelinghuysen Lucas Rohrabacher A motion to reconsider was laid on Gallegly Lungren, Daniel Ros-Lehtinen the table. The result of the vote was announced Garrett (NJ) E. Ross as above recorded. Gerlach Lynch Rothman f A motion to reconsider was laid on Gibbons Mack Roybal-Allard REPORT ON RESOLUTION PRO- the table. Gilchrest Maloney Royce Gillmor Manzullo Ruppersberger VIDING FOR CONSIDERATION OF f Gingrey Marchant Rush H.R. 310, BROADCAST DECENCY Gohmert Markey Ryan (OH) ENFORCEMENT ACT OF 2005 ARTHUR STACEY MASTRAPA POST Gonzalez Marshall Ryan (WI) OFFICE BUILDING Goode Matheson Ryun (KS) Mr. GINGREY, from the Committee Goodlatte McCarthy Sabo The SPEAKER pro tempore. The Gordon McCaul (TX) Salazar on Rules, submitted a privileged report pending business is the question of sus- Granger McCollum (MN) Sa´ nchez, Linda (Rept. No. 109–6) on the resolution (H. pending the rules and passing the bill, Graves McCotter T. Res. 95) providing for consideration of Green (WI) McCrery Sanchez, Loretta the bill (H.R. 310) to increase the pen- H.R. 324. Green, Al McDermott Sanders The Clerk read the title of the bill. Green, Gene McGovern Saxton alties for violations by television and The SPEAKER pro tempore. The Grijalva McHenry Schakowsky radio broadcasters of the prohibitions Gutierrez McHugh Schiff against transmission of obscene, inde- question is on the motion offered by Gutknecht McIntyre Schwartz (PA) the gentleman from Pennsylvania (Mr. Hall McKeon Schwarz (MI) cent, and profane material, and for DENT) that the House suspend the rules Harman McKinney Scott (GA) other purposes, which was referred to and pass the bill, H.R. 324, on which the Harris McMorris Scott (VA) the House Calendar and ordered to be Hart McNulty Sensenbrenner printed. yeas and nays are ordered. Hastings (FL) Meehan Serrano The vote was taken by electronic de- Hastings (WA) Meek (FL) Sessions f vice, and there were—yeas 420, nays 0, Hayes Meeks (NY) Shadegg Hayworth Melancon Shaw REPORT ON RESOLUTION PRO- not voting 13, as follows: Hefley Menendez Shays VIDING FOR CONSIDERATION OF [Roll No. 33] Hensarling Mica Sherman Herger Michaud Sherwood S. 5, CLASS ACTION FAIRNESS YEAS—420 Herseth Millender- Shimkus ACT OF 2005 Abercrombie Boozman Chocola Higgins McDonald Shuster Ackerman Boren Clay Hinchey Miller (MI) Simmons Mr. GINGREY, from the Committee Aderholt Boswell Cleaver Hinojosa Miller (NC) Simpson on Rules, submitted a privileged report Akin Boucher Clyburn Hobson Miller, Gary Skelton (Rept. No. 109–7) on the resolution (H. Alexander Boustany Coble Hoekstra Miller, George Slaughter Res. 96) providing for consideration of Allen Boyd Cole (OK) Holden Mollohan Smith (NJ) Baca Bradley (NH) Conaway Holt Moore (KS) Smith (TX) the Senate bill (S. 5) to amend the pro- Bachus Brady (PA) Conyers Honda Moore (WI) Smith (WA) cedures that apply to consideration of Baker Brady (TX) Cooper Hooley Moran (KS) Snyder interstate class actions to assure fairer Baldwin Brown (OH) Costa Hostettler Moran (VA) Sodrel Barrett (SC) Brown (SC) Costello Hoyer Murphy Solis outcomes for class members and de- Barrow Brown, Corrine Cox Hunter Musgrave Souder fendants, and for other purposes, which Bartlett (MD) Brown-Waite, Cramer Hyde Myrick Spratt was referred to the House Calendar and Barton (TX) Ginny Crenshaw Inglis (SC) Nadler Stearns ordered to be printed. Bass Burgess Cubin Inslee Napolitano Strickland Bean Burton (IN) Cuellar Israel Neal (MA) Sullivan f Beauprez Butterfield Culberson Issa Neugebauer Sweeney Becerra Buyer Cummings Istook Ney Tancredo APPOINTMENT OF MEMBERS TO Berkley Calvert Cunningham Jackson (IL) Northup Tanner COMMISSION ON SECURITY AND Berman Camp Davis (AL) Jackson-Lee Norwood Tauscher Berry Cannon Davis (CA) (TX) Nunes Taylor (MS) COOPERATION IN EUROPE Biggert Cantor Davis (FL) Jefferson Nussle Taylor (NC) The SPEAKER pro tempore. Pursu- Bilirakis Capito Davis (IL) Jenkins Oberstar Terry Bishop (GA) Capps Davis (KY) Jindal Obey Thomas ant to 22 U.S.C. 3003 note, and the order Bishop (NY) Capuano Davis (TN) Johnson (CT) Olver Thompson (CA) of the House of January 4, 2005, the Bishop (UT) Cardin Davis, Jo Ann Johnson (IL) Ortiz Thompson (MS) Chair announces the Speaker’s ap- Blackburn Cardoza Davis, Tom Johnson, E. B. Osborne Thornberry Blumenauer Carnahan Deal (GA) Johnson, Sam Otter Tiahrt pointment of the following Members of Blunt Carson DeFazio Jones (NC) Owens Tiberi the House to the Commission on Secu- Boehlert Carter Delahunt Jones (OH) Oxley Tierney rity and Cooperation in Europe: Boehner Case DeLauro Kanjorski Pallone Towns Mr. SMITH, New Jersey, Cochairman, Bonilla Castle DeLay Kaptur Pascrell Turner Bonner Chabot Dent Keller Pastor Udall (CO) Mr. WOLF, Virginia, Bono Chandler Diaz-Balart, L. Kelly Paul Udall (NM) Mr. PITTS, Pennsylvania,

VerDate Aug 31 2005 06:39 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE5.REC H15FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H604 CONGRESSIONAL RECORD — HOUSE February 15, 2005 Mr. ADERHOLT, Alabama, SPECIAL ORDERS that is the danger, the danger risked Mr. PENCE, Indiana. The SPEAKER pro tempore (Mr. by invading a country when you will f BURGESS). Under the Speaker’s an- not admit the real reason you are there STABBING VETERANS IN THE nounced policy of January 4, 2005, and in the first place. BACK under a previous order of the House, Are we there to stabilize Iraq so we can control their oil resources? Are we (Ms. JACKSON-LEE of Texas asked the following Members will be recog- nized for 5 minutes each. there to force our notions of democracy and was given permission to address onto the Iraqi people? Or are we there the House for 1 minute and to revise f to honor the Iraqi voters, voters who and extend her remarks.) went to the polls because they want to Ms. JACKSON-LEE of Texas. Mr. SMART SECURITY AND IRAQ’S ELECTIONS control their own destiny? Speaker, this is National Salute to The most important thing to recog- Hospital Veterans Week, and just on The SPEAKER pro tempore. Under a nize is that Iraq will not resemble the Sunday I had the opportunity to visit previous order of the House, the gentle- United States, and Iraq’s constitution my veterans hospital in our commu- woman from California (Ms. WOOLSEY) will not be an updated version of our nity in Houston, visiting veterans and is recognized for 5 minutes. own. Mr. Speaker, it has become clear speaking to them and thanking them Ms. WOOLSEY. Mr. Speaker, I am be- that we cannot keep our troops sta- for their service. ginning to lose count of the number of tioned halfway around the world with Mr. Speaker, not one of them, not reasons why we went to war in Iraq. the hope that Iraq will become a Mid- one of them had one moment of regret First it was because Saddam Hussein dle Eastern version of the United for the service to their Nation. That is was closely linked to al Qaeda, the ter- States. why I stand here today to read the rorist group that conducted the ter- But the elections do demonstrate words of Al Marlowe, the 75-year-old, rorist attacks in New York on Sep- that the Iraqi people are prepared to eighty district commander for 17 Hous- tember 11. manage their own affairs. That is why, ton-area American Legion posts: ‘‘It’s After that theory was disproved, the now that Iraq’s elections are com- a stab in the back,’’ he says. ‘‘It’s stab reason for going to war became the im- pleted, the United States must ensure in the back,’’ says Marlowe, 75, a Ko- minent and immediate threat that Sad- that the people of Iraq control their rean War veteran. ‘‘This is what they dam posed to the United States. Ac- own affairs as the country transitions do behind closed doors in Washington if cording to the White House, Saddam towards democracy. you want the real truth.’’ possessed stockpiles of nuclear and bio- We can do this by supporting the It is a stab in the back because we logical weapons. have cut veterans benefits. We are ask- Iraqi people, not through our military, When we learned that Saddam’s nu- but through international cooperation ing them to enhance the copay of vet- clear weapons program had actually erans who have served this country. to help rebuild Iraq’s economic and been dismantled after the 1991 Gulf physical infrastructure. b 1915 War, which was a full 12 years ago We owe this to the people of Iraq, when the U.S. began its first invasion When they served, we promised them who are being killed by the thousands. of Iraq, the Bush administration benefits for life. It seems a shame on We owe it to our troops who are sitting changed its rationale yet again. This this House if we cannot come together ducks for the terrorists, and we owe it time the reason for going to war was and establish priorities and begin to to the nearly 1,500 American troops for the very cause of democracy itself, give back to veterans who have given who have died in this ill-conceived mis- to bring democracy to the Iraqi people. to this Nation. adventure, as well as the 11,000 who This is a national salute to veterans Some have said that Iraq’s recent have been severely wounded. who are hospitalized, Mr. Speaker, but elections are the very embodiment of To help the situation in Iraq, I have there are many more veterans who Iraq’s quick embrace of democracy. It introduced H. Con. Res. 35, which is come to outpatient clinics at veterans is important right now to commend the legislation that will help Iraq secure hospitals all over America. It is time brave 58 percent of registered Iraqis its own future and ensure that Amer- to stop stabbing them in the back and who voted in these elections, voted to ica’s role in Iraq actually does make provide them the lifetime benefit for select the legislators who will write America safer. So far, 27 of my House serving this country. the Iraqi constitution. colleagues have signed on as cospon- In fact, Iraq’s voter turnout was f sors of this important legislation. higher than the turnout in most Amer- My plan for Iraq is part of a larger INTRODUCTION OF THE DAWSON ican elections. Believe me, the people strategy that I call SMART security, COMMUNITY FAMILY PROTEC- who live in my congressional district, which is a Sensible Multilateral Amer- TION ACT OF 2005 Marin and Sonoma Counties, north of ican Response to Terrorism that will (Mr. CUMMINGS asked and was San Francisco, across the Golden Gate ensure America’s security by relying given permission to address the House Bridge, know how important elections on smarter politics. for 1 minute and to revise and extend are to keeping a viable and vital de- Mr. Speaker, let me be clear; we his remarks.) mocracy in a country. In last Novem- should not abandon Iraq. There is still Mr. CUMMINGS. Mr. Speaker, I rise ber’s election, we voted with a record a critical role for the United States in tonight to announce the fact that I in- 89.5 percent of registered voters turn- providing the developmental aid that troduce tonight the Dawson Commu- ing out. can help create a robust civil society, nity Family Protection Act of 2005. Sadly, despite Iraq’s elections, the build schools and water processing In my district in Baltimore, unfortu- Middle East is as unstable as it has plants, and ensure that Iraq’s economic nately, about 2 years ago we had A ever been. The war in Iraq has made infrastructure becomes fully viable. family of seven incinerated in the mid- Iraq a more violent and unstable place, Instead of troops, we need to send dle of the night because they wanted to making America less secure from the scientists, educators, urban planners cooperate with the police, and drug threat of terrorism by creating a ter- and constitutional experts to help re- thugs made a decision that they would rorist breeding ground in a country build Iraq’s flagging economic and burn them up instead of allowing them that had never been a haven for ter- physical infrastructure. to cooperate with the police. rorist groups like al Qaeda in the first The Dawson Family Community Pro- place. f tection Act would require the director Some members of the Bush adminis- The SPEAKER pro tempore. Under a of National Drug Control Policy to di- tration have expressed their dis- previous order of the House, the gen- rect each year a minimum of $5 million appointment with the high Shiite turn- tleman from Georgia (Mr. PRICE) is rec- in HIDTA funds to support HIDTA ini- out of Iraq’s elections, fearing that sig- ognized for 5 minutes. tiatives aimed at increasing safety and nificant participation by religious (Mr. PRICE of Georgia addressed the encouraging cooperation in neighbor- Muslims may lead to the creation of an House. His remarks will appear here- hoods like the Dawson’s. overly religious Iraqi constitution, but after in the Extensions of Remarks.)

VerDate Aug 31 2005 06:39 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE5.REC H15FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 15, 2005 CONGRESSIONAL RECORD — HOUSE H605 EXCHANGE OF SPECIAL ORDER The General Accounting Office calls Graphics Incorporated, a certified mi- TIME Federal response to youth programs a nority business enterprise headed by Mr. OSBORNE. Mr. Speaker, I ask perfect example of ‘‘mission frag- Mr. Hoyett Owens. unanimous consent to take the time of mentation,’’ and it recommends coordi- This agreement goes beyond the ordi- the gentleman from Georgia (Mr. nation, consolidation and streamlining nary tier one vendor relationship and PRICE). of youth-serving programs. creates a new model that encompasses The SPEAKER pro tempore. Is there The White House Task Force on Dis- the spirit of minority business develop- objection to the request of the gen- advantaged Youth did a study and they ment. This alliance enables an impor- tleman from Nebraska? arrived at a similar conclusion, that we tant minority-owned business in Chi- There was no objection. had a tremendous amount of dysfunc- cago to draw on R.R. Donnelley’s man- tion and disorganization in our youth- ufacturing, information technology f serving programs. and product development resources, INTRODUCTION OF THE FEDERAL Therefore, at the request of numer- making All Printing and Graphics one YOUTH COORDINATION ACT ous youth-serving agencies, we have of the leading minority-owned printing drafted the Federal Youth Coordina- companies in the country. The SPEAKER pro tempore. Under a tion Act which will be introduced to- R.R. Donnelley is a premier, full- previous order of the House, the gen- morrow. This bill creates a council service global print provider and the tleman from Nebraska (Mr. OSBORNE) is composed of members of all 12 youth- largest printing company in North recognized for 5 minutes. serving agencies. This council will America. It was founded 140 years ago Mr. OSBORNE. Mr. Speaker, I spent have to meet at least four times a year. and serves the largest companies in the a good part of my life in coaching, The Council will be charged with basi- world through a comprehensive range dealing with young people, and not cally five different tasks. of verifiable printing services and mar- long ago, I had a call from a young Number 1, they will be asked to ket-specific solutions. man whom I had not heard from for evaluate youth-serving programs to All Printing and Graphics provides about 7 or 8 years. make sure they are accomplishing award-winning graphic design and im- This young man was abandoned by what they were designed to do. printing services. Under the leadership his father in infancy and then by his Number 2, they are charged with co- of Mr. Hoyett Owens, it developed from mother when he was 12, and he spent ordinating and consolidating across a small printing company to a multi- basically 2 years on his own on the agencies. In many cases, the way the million-dollar business that was se- streets, and he spent some time in a language of the bill is written, they lected by Chicago’s Civic Committee of group home and, needless to say, had a cannot even talk to each other if they Inner City Business Development and very difficult life. Maybe things are are in different agencies. the city of Chicago for a unique pro- getting a little better now, but unfor- Number 3, provide an annual report gram connecting strong minority com- tunately, this story is not unusual. It on progress on coordination, stream- panies with large corporations. happens more and more frequently. lining and consolidation. The relationship between R.R. The National Academy of Sciences Number 4, set quantifiable goals for Donnelley & Sons Company and All estimates that 10 million teens, which Federal youth programs and develop a Printing and Graphics, Incorporated, is one-fourth of our teenagers, are at plan to reach those goals. In other can serve as an example of a possible serious risk of not achieving a produc- words, they have to, in some way, solution to the problems facing small tive adulthood. There are 22 million fa- quantify and measure what it is they businesses. therless children in our country. Fifty are trying to do and how far they have There are an estimated 25 million percent of our children currently grow gone in achieving those goals. small businesses in America. They em- up without both biological parents. We Number 5, hold Federal agencies ac- ploy half of our workers that account are the most violent Nation in the countable for achieving results. for half of our gross domestic product world for Nations that are not at war I would ask my colleagues to please and create three out of every four new for young people in regard to homicide support the Federal Youth Coordina- jobs. Small businesses have and will and suicide. We have 3 million teen- tion Act. This bill will help the Federal continue to pull the U.S. economy out agers addicted to alcohol and hundreds Government deliver more services of recession. They anchor our neighbor- of thousands addicted to other kinds of more effectively to a greater number of hoods, employ and train our workers, drugs. children. It will be more cost-effective, and take care of our families. They are I would submit, Mr. Speaker, that and I hope that it will receive broad bi- the reason that the United States econ- this level of dysfunction among our partisan support. omy has consistently been known as young people is a greater threat to the f the strongest in the world. long-term well-being of our Nation ORDER OF BUSINESS Despite all of their contributions, than terrorism. That is an extreme they still have many problems and face statement, but I really believe it is Mr. DAVIS of Illinois. Mr. Speaker, I many barriers, access to capital, oppor- true. ask unanimous consent to take my tunity for new markets. The Federal Government has re- time out of order. The agreement between R.R. sponded to this problem by creating The SPEAKER pro tempore. Is there Donnelley and All Printing and Graph- more than 150 youth-serving programs objection to the request of the gen- ics is an example of something called spread over 12 agencies. Most of these tleman from Illinois? BusinessLINC, where a major business programs are in Health and Human There was no objection. links with a smaller business in order Services, Department of Education, De- f to provide not only resources but also partment of Justice. COMMENDING MASTER SERVICE technical assistance and open markets The problem is that many of these for the smaller unit. programs are duplicative. Most have AGREEMENT BETWEEN R.R. DONNELLEY AND ALL PRINTING not been evaluated for effectiveness. b 1930 GRAPHICS Many of them do not serve the function And so I commend R.R. Donnelley for which they were designed. Many The SPEAKER pro tempore. Under a and All Printing and Graphics as an ex- have no clear mission or goals. There is previous order of the House, the gen- ample of how to strengthen and de- often little communication between tleman from Illinois (Mr. DAVIS) is rec- velop small business enterprises in this agencies and programs, and there is un- ognized for 5 minutes. country and make sure that small busi- Mr. DAVIS of Illinois. Mr. Speaker, I necessary complexity in obtaining nesses continue to grow, thrive and de- rise today to commend R.R. Donnelley youth services. For instance, someone velop. in foster care may have to deal with & Sons Company for being a leader in four or five different agencies, and for minority business development by en- f a young person in foster care that is al- tering a multiyear master service The SPEAKER pro tempore (Mr. most impossible to negotiate. agreement with All Printing and BURGESS). Under a previous order of

VerDate Aug 31 2005 06:39 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE5.REC H15FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H606 CONGRESSIONAL RECORD — HOUSE February 15, 2005 the House, the gentleman from Cali- charging for the drugs. Last year, the prices. I hope my colleagues will go to fornia (Mr. ROHRABACHER) is recognized difference between Germany and the my Web site at gil.house.gov. We have for 5 minutes. United States, depending on how you a site there with great charts and a lot (Mr. ROHRABACHER addressed the look at it, about a 40 percent dif- of information. If people will just study House. His remarks will appear here- ference. this, be objective, I think they will after in the Extensions of Remarks.) Over the last year, the price of the come to the same conclusion, that it is f American dollar has declined by over 20 time to open up markets for the phar- percent relative to the Euro. So when maceutical companies the way our EXCHANGE OF SPECIAL ORDER we got these charts, I was afraid the farmers have to compete in a world TIME differences would have all but evapo- marketplace. Mr. GUTKNECHT. Mr. Speaker, I ask rated. Lo and behold, the prices are unanimous consent to take the time of even more exaggerated today than they f the gentleman from California (Mr. were a year ago. In other words, prices here in the United States, the differen- ROHRABACHER). PRESIDENT’S BUDGET The SPEAKER pro tempore. Is there tial is even greater today than it was a objection to the request of the gen- year ago, even though the value of the The SPEAKER pro tempore. Under a tleman from Minnesota? dollar has declined by 20 percent. previous order of the House, the gen- There was no objection. Let me give a couple of examples of tleman from Ohio (Mr. BROWN) is rec- f drugs people might recognize. One is ognized for 5 minutes. the drug Nexium, the new purple pill. Mr. BROWN of Ohio. Mr. Speaker, DRUG PRICES IN AMERICA At the local pharmacy in Rochester, last week, President Bush delivered to The SPEAKER pro tempore. Under a Minnesota, a 30-day supply of Nexium, Congress his proposed Federal budget. previous order of the House, the gen- 20 milligrams, is $145. You can buy that In the coming months, Democrats and tleman from Minnesota (Mr. GUT- same package of Nexium at the Metro- Republicans in Congress will debate KNECHT) is recognized for 5 minutes. politan Pharmacy in Frankfurt, Ger- budget proposals largely based on di- Mr. GUTKNECHT. Mr. Speaker, I rise many for $60.25. vergent cardinal moral values. We will tonight to talk about an issue that is Norvasc, 30 tablets, $54.83 in the debate budget cuts that represent more not new to this Congress and certainly United States, $19.31 over in Germany. than just program scale-backs. The is not new to the American people, and But here is one that really got our President’s proposed cuts to vital gov- that is the price that Americans pay attention: Zocor. In the United States, ernment programs are reflective of dif- for prescription drugs relative to the $85.39; in Germany, $23.83. What is in- ferences in core philosophies on the rest of the industrialized world. teresting there is we negotiate and get role of our government in serving our I started this pilgrimage about 5 or 6 good deals for Federal employees. The people. years ago. Many Members do not know Federal copay right now for Zocor is Budgets are moral documents that how I got involved in this, but the $30. In other words, you can buy it reveal the fundamental priorities of a issue that got me involved was the walking in off the street with a pre- person, of a household, of a govern- 1 scription in Frankfurt, Germany, price of pigs. Because about 5 ⁄2 years ment. The President’s ‘‘every man for ago, the price of live hogs in the United cheaper than you can the copay for himself’’ budget disregards millions of States collapsed. It dropped from about Federal employees. Americans and undercuts our Nation’s $37 per hundred-weight down to about Mr. Speaker, I just want to serve no- values. There is no better example of $7 per hundred-weight. So these farm- tice tonight that this issue is not going where Democratic and Republican val- ers started to call me and say, Can’t to go away, I am not going to go away, ues diverge than Medicaid. The Presi- and the people of not only my State you do something about this, Congress- dent claims he only wants to cut pro- but people all over the country are man? And I said, Well, I don’t know grams that are not getting results or only demanding we get fair prices. We what we can do. They said, At least can that duplicate current efforts or that as Americans subsidize the pharma- you stop all these Canadian pigs from do not fulfill essential priorities. ceutical industry in three separate coming across our border making our So which of these is Medicaid? There ways. First of all, we pay for a big market even more difficult? is no question it is getting results. It share of the research. This year we will So I did what any good Congressman operates at a lower cost than private spend about 27 billion taxpayer dollars would do, I called the Secretary of Ag- health insurance, in spite of what my to fund basic research and research in riculture, I called the Secretary of friends on the other side of the aisle drugs and chemicals and so forth to de- Commerce, and essentially I got the like to say about Medicaid. In fact, pri- termine what might work. And many vate health insurance has grown his- same answer. And the answer was: of those things are given to the phar- torically at 12.6 percent a year; Medi- Well, that’s called NAFTA. That’s maceutical industry, essentially, and called free trade. We have open bor- then they patent those drugs. So we do care costs have grown at 7.1 percent a ders. I said, You mean we have open subsidize a big part of their research. year; and Medicaid has grown at 4.5 borders when it comes to pork bellies Second, we subsidize them through percent a year. So government-deliv- but not open borders when it comes to the Tax Code. Literally, they write off ered health care through Medicare and Prilosec? And the Secretary of Com- all the costs they have for research. In through Medicaid has been signifi- merce literally said to me, Well, I fact, in some cases they get tax credits, cantly more efficient than wasteful, guess that’s right. I said, Well, that research and development tax credits. profitable private insurance. doesn’t sound right to me. Finally, we subsidize them through There is no duplication here, because So I got some charts and started the prices we pay. Medicaid is the only program of its comparing what Americans pay for Now, I believe in patents, and I do kind. It fulfills an essential priority. It drugs compared to Canada and Europe, not believe anybody should be stealing is the sole source of nursing home care and I started bringing these charts other people’s patents. And I do not be- for five million seniors living in pov- down to the floor of the House and lieve that we as Americans should es- erty. talking about those differences and cape paying our fair share for the cost The President knows that Medicaid saying essentially that if we are going of these drugs. I think it is fair we pay is already running on fumes, but he to have open markets that our farmers our fair share. I think we should sub- made a choice. He chose more tax cuts have to compete with, then the big sidize the people in sub-Saharan Africa, for the wealthiest 1 percent of Ameri- pharmaceutical companies ought to for example. But I do not think Ameri- cans instead of providing for subsist- have to compete as well. cans should be forced to continue to ence care for America’s seniors. He Last year, I had a chart from Ger- subsidize the starving Swiss and the chose tax cuts for the most privileged many, and we have some relationships starving Germans and the people in the Americans instead of subsistence care now with some of the pharmacies industrialized world. for America’s seniors through Med- around the world, and they give us reg- It is time Americans have access to icaid. Different priorities reflecting a ular prices in terms of what they are world-class drugs at world market different set of moral values.

VerDate Aug 31 2005 06:39 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE5.REC H15FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 15, 2005 CONGRESSIONAL RECORD — HOUSE H607 Medicaid provides health coverage to rules of the Committee on Energy and Com- on such days) in advance of the commence- 52 million Americans, including rough- merce (hereinafter the ‘‘Committee’’) and its ment of such meeting. ly 1.7 million in the home State of my- subcommittees so far as is applicable, except (3) Motions. Pursuant to clause 1(a)(2) of rule XI of the Rules of the House, privileged self and the gentlewoman from Ohio that a motion to recess from day to day, and a motion to dispense with the first reading motions to recess from day to day, or recess (Ms. KAPTUR). It is the only source of (in full) of a bill or resolution, if printed cop- subject to the call of the Chair (within 24 coverage for one in four of Ohio’s chil- ies are available, is nondebatable and privi- hours), and to dispense with the first reading dren. It provides 70 percent of the nurs- leged in the Committee and its subcommit- (in full) of a bill or resolution if printed cop- ing home funding in Ohio, as it does in tees. ies are available shall be decided without de- most States. (b) Rules of the Subcommittees. Each sub- bate. The Bush plan cuts $60 billion out of committee of the Committee is part of the (B) Other Meetings. The date, time, place, and subject matter of a meeting (other than Medicaid over the next 10 years. Dif- Committee and is subject to the authority and direction of the Committee and to its a hearing or a meeting to which subpara- ferent priorities reflecting a different rules so far as applicable. Written rules graph (A) applies) shall be announced at set of moral values. adopted by the Committee, not inconsistent least 72 hours in advance of the commence- These cuts mean kicking seniors out with the Rules of the House, shall be binding ment of such meeting. of nursing homes. And the President’s on each subcommittee of the Committee. (b)(1) Requirements for Testimony. Each plan, in addition to doing that, shifts Rule 2. Time and Place of Meetings. (a) witness who is to appear before the Com- tens of billions of dollars in costs to Regular Meeting Days. The Committee shall mittee or a subcommittee shall file with the States like Ohio. He gives a tax break meet on the fourth Tuesday of each month clerk of the Committee, at least two working days in advance of his or her appearance, suf- to the wealthiest people in the coun- at 10 a.m., for the consideration of bills, res- olutions, and other business, if the House is ficient copies, as determined by the chair- try, then he shifts costs by cutting in session on that day. If the House is not in man of the Committee or a subcommittee, of spending in Ohio and the other 49 session on that day and the Committee has a written statement of his or her proposed States, all of which have to make up not met during such month, the Committee testimony to provide to members and staff of for that to take care of Medicaid. shall meet at the earliest practicable oppor- the Committee or subcommittee, the news The President cannot eliminate basic tunity when the House is again in session. media, and the general public. Each witness needs by ignoring them. He cannot The chairman of the Committee may, at his shall, to the greatest extent practicable, also eliminate the need for nursing home discretion, cancel, delay, or defer any meet- provide a copy of such written testimony in an electronic format prescribed by the chair- care by ignoring it or by shifting re- ing required under this section, after con- sultation with the ranking minority mem- man. Each witness shall limit his or her oral sponsibility to the States. In the short ber. presentation to a brief summary of the argu- run, his budget cuts will create vic- (b) Additional Meetings. The chairman ment. The chairman of the Committee or of tims; in the long run, they will force may call and convene, as he considers nec- a subcommittee, or the presiding member, the States to spend more. essary, additional meetings of the Com- may waive the requirements of this para- And who will have to cover these mittee for the consideration of any bill or graph or any part thereof. costs? Students will pay as a result of resolution pending before the Committee or (2) Additional Requirements for Testi- the Bush tax cuts for the wealthy and for the conduct of other Committee business. mony. To the greatest extent practicable, the written testimony of each witness ap- Medicaid cuts. Students in my State, The Committee shall meet for such purposes pursuant to that call of the chairman. pearing in a non-governmental capacity and every State, will pay through high- ( c) Vice Chairmen; Presiding Member. The shall include a curriculum vitae and a disclo- er tuition; homeowners will pay chairman shall designate a member of the sure of the amount and source (by agency through higher property taxes; con- majority party to serve as vice chairman of and program) of any federal grant (or sub sumers will pay through higher sales the Committee, and shall designate a major- grant thereof) or contract (or subcontract taxes; workers will pay through higher ity member of each subcommittee to serve thereof) received during the current fiscal income taxes, all to make up for the as vice chairman of each subcommittee. The year or either of the two preceding fiscal President’s tax cuts for the wealthy in vice chairman of the Committee or sub- years by the witness or by an entity rep- committee, as the case may be, shall preside resented by the witness. Washington and cuts in Medicaid to at any meeting or hearing during the tem- (c)(l) Questioning Witnesses. The right to the States. porary absence of the chairman. If the chair- interrogate the witnesses before the Com- Medicaid has always been a partner- man and vice chairman of the Committee or mittee or any of its subcommittees shall al- ship between Federal and State govern- subcommittee are not present at any meet- ternate between majority and minority ments. Cutting the Federal share hurts ing or hearing, the ranking member of the members. Each member shall be limited to 5 our families and our communities and majority party who is present shall preside minutes in the interrogation of witnesses our States and our country. We can at the meeting or hearing. until such time as each member who so de- sires has had an opportunity to question wit- give up many things, Mr. Speaker, in (d) Open Meetings and Hearings. Except as provided by the Rules of the House, each nesses. No member shall be recognized for a the name of shared sacrifice, but com- meeting of the Committee or any of its sub- second period of 5 minutes to interrogate a mon sense should not be one of them. committees for the transaction of business, witness until each member of the Committee The President’s ‘‘every man for him- including the markup of legislation, and present has been recognized once for that self’’ budget neglects our communities each hearing, shall be open to the public in- purpose. While the Committee or sub- and betrays our values as a Nation. cluding to radio, television and still photog- committee is operating under the 5–minute raphy coverage, consistent with the provi- rule for the interrogation of witnesses, the f sions of Rule XI of the Rules of the House. chairman shall recognize in order of appear- PUBLICATION OF THE RULES OF Rule 3. Agenda. The agenda for each Com- ance members who were not present when THE COMMITTEE ON ENERGY mittee or subcommittee meeting (other than the meeting was called to order after all AND COMMERCE, 109TH CON- a hearing), setting out the date, time, place, members who were present when the meeting GRESS and all items of business to be considered, was called to order have been recognized in shall be provided to each member of the the order of seniority on the Committee or The SPEAKER pro tempore. Under a Committee at least 36 hours in advance of subcommittee, as the case may be. previous order of the House, the gen- such meeting. (2) Questions for the Record. Each member tleman from Texas (Mr. BARTON) is rec- Rule 4. Procedure. (a)(l) Hearings. The may submit to the Chairman of the Com- ognized for 5 minutes. date, time, place, and subject matter of any mittee or the subcommittee additional ques- Mr. BARTON of Texas. Mr. Speaker, pursu- hearing of the Committee or any of its sub- tions for the record, to be answered by the committees shall be announced at least one witnesses who have appeared. Each member ant to clause 2(a)2 of Rule XI of the Rules of week in advance of the commencement of shall provide a copy of the questions in an the House of Representatives, I hereby submit such hearing, unless the Committee or sub- electronic format to the clerk of the Com- the Rules of the Committee on Energy and committee determines in accordance with mittee no later than ten business days fol- Commerce for the 109th Congress for publica- clause 2(g)(3) of Rule XI of the Rules of the lowing a hearing. The Chairman shall trans- tion in the CONGRESSIONAL RECORD. The Com- House that there is good cause to begin the mit all questions received from members of mittee adopted Rules on February 2, 2005, hearing sooner. the Committee or the subcommittee to the and amended the Rules on February 9, 2005, (2)(A) Meetings. The date, time, place, and appropriate witness, and include the trans- subject matter of any meeting (other than a both in meetings that were open to the public. mittal letter and the responses from the wit- hearing) scheduled on a Tuesday, Wednesday, nesses in the hearing record. RULES FOR THE COMMITTEE ON ENERGY AND or Thursday when the House will be in ses- (d) Explanation of Subcommittee Action. COMMERCE sion, shall be announced at least 36 hours No bill, recommendation, or other matter re- Rule 1. General Provisions. (a) Rules of the (exclusive of Saturdays, Sundays, and legal ported by a subcommittee shall be consid- Committee. The Rules of the House are the holidays except when the House is in session ered by the full Committee unless the text of

VerDate Aug 31 2005 06:39 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE5.REC H15FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H608 CONGRESSIONAL RECORD — HOUSE February 15, 2005 the matter reported, together with an expla- any decision, pursuant to clause 3(b)(3) or manage legislation reported by the Com- nation, has been available to members of the clause 4(b) of the Rule, to withhold a record mittee to the House. Committee for at least 36 hours. Such expla- otherwise available, and the matter shall be Rule 14. Committee Professional and Cler- nation shall include a summary of the major presented to the Committee for a determina- ical Staff Appointments. (a) Delegation of provisions of the legislation, an explanation tion on the written request of any member of Staff. Whenever the chairman of the Com- of the relationship of the matter to present the Committee. The chairman shall consult mittee determines that any professional law, and a summary of the need for the legis- with the ranking minority member on any staff member appointed pursuant to the pro- lation. All subcommittee actions shall be re- communication from the Archivist of the visions of clause 9 of Rule X of the House of ported promptly by the clerk of the Com- United States or the Clerk of the House con- Representatives, who is assigned to such mittee to all members of the Committee. cerning the disposition of noncurrent records chairman and not to the ranking minority (e) Opening Statements. (1) All written pursuant to clause 3(b) of the Rule. member, by reason of such professional staff opening statements at hearings conducted by Rule 8. Subcommittees. There shall be member’s expertise or qualifications will be the Committee or any of its subcommittees such standing subcommittees with such ju- of assistance to one or more subcommittees shall be made part of the permanent hearing risdiction and size as determined by the ma- in carrying out their assigned responsibil- record. jority party caucus of the Committee. The ities, he may delegate such member to such (2) Statements shall be limited to 5 min- jurisdiction, number, and size of the sub- subcommittees for such purpose. A delega- utes each for the chairman and ranking mi- committees shall be determined by the ma- tion of a member of the professional staff nority member (or their respective designee) jority party caucus prior to the start of the pursuant to this subsection shall be made of the Committee or subcommittee, as appli- process for establishing subcommittee chair- after consultation with subcommittee chair- cable, and 3 minutes each for all other mem- manships and assignments. men and with the approval of the sub- bers. With the consent of the Committee, Rule 9. Powers and Duties of Subcommit- committee chairman or chairmen involved. prior to the recognition of the first witness tees. Each subcommittee is authorized to (b) Minority Professional Staff. Profes- for testimony, any Member, when recognized meet, hold hearings, receive testimony, sional staff members appointed pursuant to for an opening statement, may completely mark up legislation, and report to the Com- clause 9 of Rule X of the House of Represent- defer his or her opening statement and in- mittee on all matters referred to it. Sub- atives, who are assigned to the ranking mi- stead use those three minutes during the ini- committee chairmen shall set hearing and nority member of the Committee and not to tial round of questioning. meeting dates only with the approval of the the chairman of the Committee, shall be as- (3) At any hearing of the full Committee, chairman of the Committee with a view to- signed to such Committee business as the the chairman may limit opening statements ward assuring the availability of meeting minority party members of the Committee for Members (including, at the discretion of rooms and avoiding simultaneous scheduling consider advisable. the Chairman, the chairman and ranking mi- of Committee and subcommittee meetings or (c) Additional Staff Appointments. In addi- nority member) to one minute. At any hear- hearings whenever possible. tion to the professional staff appointed pur- ing conducted by any subcommittee, the Rule 10. Reference of Legislation and Other suant to clause 9 of Rule X of the House of chairman of that subcommittee, with the Matters. All legislation and other matters Representatives, the chairman of the Com- consent of its ranking minority member, referred to the Committee shall be referred mittee shall be entitled to make such ap- may reduce the time for statements by mem- to the subcommittee of appropriate jurisdic- pointments to the professional and clerical bers or defer statements until the conclusion tion within two weeks of the date of receipt staff of the Committee as may be provided of testimony. by the Committee unless action is taken by within the budget approved for such purposes Rule 5. Waiver of Agenda, Notice, and Lay- the full committee within those two weeks, by the Committee. Such appointee shall be over Requirements. Requirements of rules 3, or by majority vote of the members of the assigned to such business of the full Com- 4(a)(2), and 4(d) may be waived by a majority Committee, consideration is to be by the full mittee as the chairman of the Committee of those present and voting (a majority being Committee. In the case of legislation or considers advisable. present) of the Committee or subcommittee, other matter within the jurisdiction of more (d) Sufficient Staff. The chairman shall en- as the case may be. than one subcommittee, the chairman of the sure that sufficient staff is made available to Rule 6. Quorum. Testimony may be taken Committee may, in his discretion, refer the each subcommittee to carry out its respon- and evidence received at any hearing at matter simultaneously to two or more sub- sibilities under the rules of the Committee. which there are present not fewer than two committees for concurrent consideration, or (e) Fair Treatment of Minority Members in members of the Committee or subcommittee may designate a subcommittee of primary Appointment of Committee Staff. The chair- in question. A majority of the members of jurisdiction and also refer the matter to one man shall ensure that the minority members the Committee shall constitute a quorum for or more additional subcommittees for con- of the Committee are treated fairly in ap- the purposes of reporting any measure or sideration in sequence (subject to appro- pointment of Committee staff. matter, of authorizing a subpoena, or of clos- priate time limitations), either on its initial (f) Contracts for Temporary or Intermit- ing a meeting or hearing pursuant to clause referral or after the matter has been re- tent Services. Any contract for the tem- 2(g) of Rule XI of the Rules of the House (ex- ported by the subcommittee of primary ju- porary services or intermittent service of in- cept as provided in clause 2(g)(2)(A) and (B)). risdiction. Such authority shall include the dividual consultants or organizations to For the purposes of taking any action other authority to refer such legislation or matter make studies or advise the Committee or its than those specified in the preceding sen- to an ad hoc subcommittee appointed by the subcommittees with respect to any matter tence, one-third of the members of the Com- chairman, with the approval of the Com- within their jurisdiction shall be deemed to mittee or subcommittee shall constitute a mittee, from the members of the sub- have been approved by a majority of the quorum. committee having legislative or oversight members of the Committee if approved by Rule 7. Official Committee Records. (a)(1) jurisdiction. the chairman and ranking minority member Journal. The proceedings of the Committee Rule 11. Ratio of Subcommittees. The ma- of the Committee. Such approval shall not be shall be recorded in a journal which shall, jority caucus of the Committee shall deter- deemed to have been given if at least one- among other things, show those present at mine an appropriate ratio of majority to mi- third of the members of the Committee re- each meeting, and include a record of the nority party members for each sub- quest in writing that the Committee for- vote on any question on which a record vote committee and the chairman shall negotiate mally act on such a contract, if the request is demanded and a description of the amend- that ratio with the minority party, provided is made within 10 days after the latest date ment, motion, order, or other proposition that the ratio of party members on each sub- on which such chairman or chairmen, and voted. A copy of the journal shall be fur- committee shall be no less favorable to the such ranking minority member or members, nished to the ranking minority member. majority than that of the full Committee, approve such contract. (2) Record Votes. A record vote may be de- nor shall such ratio provide for a majority of Rule 15. Supervision, Duties of Staff. (a) manded by one-fifth of the members present less than two majority members. Supervision of Majority Staff. The profes- or, in the apparent absence of a quorum, by Rule 12. Subcommittee Membership. (a) sional and clerical staff of the Committee any one member. No demand for a record Selection of Subcommittee Members. Prior not assigned to the minority shall be under vote shall be made or obtained except for the to any organizational meeting held by the the supervision and direction of the chair- purpose of procuring a record vote or in the Committee, the majority and minority cau- man who, in consultation with the chairmen apparent absence of a quorum. The result of cuses shall select their respective members of the subcommittees, shall establish and as- each record vote in any meeting of the Com- of the standing subcommittees. sign the duties and responsibilities of such mittee shall be made available in the Com- (b) Ex Officio Members. The chairman and staff members and delegate such authority mittee office for inspection by the public, as ranking minority member of the Committee as he determines appropriate. provided in Rule XI, clause 2(e) of the Rules shall be ex officio members with voting (b) Supervision of Minority Staff. The pro- of the House. privileges of each subcommittee of which fessional and clerical staff assigned to the (b) Archived Records. The records of the they are not assigned as members and may minority shall be under the supervision and Committee at the National Archives and be counted for purposes of establishing a direction of the minority members of the Records Administration shall be made avail- quorum in such subcommittees. Committee, who may delegate such author- able for public use in accordance with Rule Rule 13. Managing Legislation on the ity as they determine appropriate. VII of the Rules of the House. The chairman House Floor. The chairman, in his discre- Rule 16. Committee Budget. (a) Prepara- shall notify the ranking minority member of tion, shall designate which member shall tion of Committee Budget. The chairman of

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Consistent with the pri- ing gears or catapults. and the chairmen of the subcommittees, mary expense resolution and such additional Currently, the Hercules primarily shall for the 109th Congress prepare a pre- expense resolutions as may have been ap- performs the intra-theater portion of liminary budget for the Committee, with proved, travel to be reimbursed from funds such budget including necessary amounts for set aside for the Committee for any member the Air Force’s tactical airlift mission. professional and clerical staff, travel, inves- or any staff member shall be paid only upon This medium-range aircraft is capable tigations, equipment and miscellaneous ex- the prior authorization of the chairman. of operating from rough dirt strips and penses of the Committee and the subcommit- Travel may be authorized by the chairman is the prime transport for paratroop tees, and which shall be adequate to fully for any member and any staff member in and equipment drops into hostile areas, discharge the Committee’s responsibilities connection with the attendance of hearings including Iraq and Afghanistan. for legislation and oversight. Such budget conducted by the Committee or any sub- Currently, more than half the fleet of shall be presented by the chairman to the committee thereof and meetings, con- combat delivery C–130s is over 30 years majority party caucus of the Committee and ferences, and investigations which involve thereafter to the full Committee for its ap- activities or subject matter under the gen- old. Although their longevity is clearly proval. eral jurisdiction of the Committee. Before a testament to the value of these cru- (b) Approval of the Committee Budget. The such authorization is given there shall be cial aircraft, we should be very con- chairman shall take whatever action is nec- submitted to the chairman in writing the cerned that the C–130 E and H models essary to have the budget as finally approved following: (1) the purpose of the travel; (2) continue to age at alarming rates, put- by the Committee duly authorized by the the dates during which the travel is to be ting our tactical airlift capability at House. No proposed Committee budget may made and the date or dates of the event for be submitted to the Committee on House Ad- risk in the near term. which the travel is being made; (3) the loca- In fact, yesterday, the Air Force an- ministration unless it has been presented to tion of the event for which the travel is to be and approved by the majority party caucus made; and (4) the names of members and nounced that they are grounding much and thereafter by the full Committee. The staff seeking authorization. of the C–130E models because of severe chairman of the Committee may authorize (b) Approval of Travel by Minority Mem- fatigue in their wings, including a all necessary expenses in accordance with bers and Staff. In the case of travel by mi- dozen that have been flying missions in these rules and within the limits of the Com- nority party members and minority party and out of Iraq and Afghanistan. Mr. mittee’s budget as approved by the House. professional staff for the purpose set out in (c) Monthly Expenditures Report. Com- Speaker, some of these planes were (a), the prior approval, not only of the chair- mittee members shall be furnished a copy of used in Vietnam, and we are literally man but also of the ranking minority mem- each monthly report, prepared by the chair- flying their wings off in the Middle ber, shall be required. Such prior authoriza- man for the Committee on House Adminis- tion shall be given by the chairman only East. tration, which shows expenditures made dur- upon the representation by the ranking mi- The Air Force has long anticipated ing the reporting period and cumulative for nority member in writing setting forth those the aging of the older models, which the year by the Committee and subcommit- items enumerated in (1), (2), (3), and (4) of only makes it more remarkable that tees, anticipated expenditures for the pro- paragraph (a). jected Committee program, and detailed in- the multiyear contract to replace these formation on travel. f planes has been carved out of the budg- Rule 17. Broadcasting of Committee Hear- ORDER OF BUSINESS et. ings. Any meeting or hearing that is open to Another astonishing fact is that the the public may be covered in whole or in part Mr. GINGREY. Mr. Speaker, I ask Department of Defense will not save by radio or television or still photography, unanimous consent to take my time any money. In fact, the perceived sav- subject to the requirements of clause 4 of out of order. ings generated by the proposed cuts Rule XI of the Rules of the House. The cov- The SPEAKER pro tempore. Is there erage of any hearing or other proceeding of will unquestionably be consumed by objection to the request of the gen- over $800 million in termination liabil- the Committee or any subcommittee thereof tleman from Georgia? by television, radio, or still photography ity costs and billions of dollars in in- shall be under the direct supervision of the There was no objection. creased costs to support aging and less chairman of the Committee, the sub- f capable aircraft. committee chairman, or other member of HISTORY AND SIGNIFICANCE OF Consequently, this proposal to end the Committee presiding at such hearing or THE C–130J the C–130J program could end up cost- other proceeding and may be terminated by ing the American taxpayer more than such member in accordance with the Rules of The SPEAKER pro tempore. Under a the cost of completing the multiyear the House. previous order of the House, the gen- Rule 18. Comptroller General Audits. The contract, and it will leave our military tleman from Georgia (Mr. GINGREY) is with far less capable planes. chairman of the Committee is authorized to recognized for 5 minutes. request verification examinations by the Furthermore, not a single study or Mr. GINGREY. Mr. Speaker, as many Comptroller General of the United States any analysis of the total effect of ter- of my colleagues now know, the C–130J pursuant to Title V, Part A of the Energy minating this program was conducted multiyear procurement contract was Policy and Conservation Act (Public Law 94– prior to the cancellation decision. And 163), after consultation with the members of canceled in the administration’s recent that, Mr. Speaker, is troubling. the Committee. budget proposal. I want to spend a few Rule 19. Subpoenas. The Committee, or any minutes speaking about the history subcommittee, may authorize and issue a and the significance of the C–130 Her- b 1945 subpoena under clause 2(m)(2)(A) of Rule XI of the House, if authorized by a majority of cules program and why we in Congress If left unchecked, this dismantling of the members of the Committee or sub- need to continue to fund this crucial our aerospace manufacturing base will committee (as the case may be) voting, a airlift program. also come just when subsidized foreign quorum being present. Authorized subpoenas Mr. Speaker, the C–130 aircraft has competitors are jockeying to displace may be issued over the signature of the been the workhorse of the military’s United States manufacturing. Once chairman of the Committee or any member tactical airlift fleet for more than 50 lost, hard-acquired industrial skills designated by the Committee, and may be years. The versatile Hercules was origi- will not easily return to our workforce. served by any person designated by such nally designed in the 1950s as an as- In some cases, they will never come chairman or member. The chairman of the Committee may authorize and issue sub- sault transport. Over the years, how- back. Once the Department of Defense poenas under such clause during any period ever, it has been adapted for a variety inevitably realizes they cannot con- for which the House has adjourned for a pe- of important missions, including spe- tinue to rebuild old planes, their only riod in excess of 3 days when, in the opinion cial operations, close-air support and viable option to replace the medium- of the chairman, authorization and issuance air interdiction, mid-air space capsule range tactical airlift would be to pur- of the subpoena is necessary to obtain the recovery, search and rescue missions, chase new aircraft from France. material set forth in the subpoena. The aerial refueling of helicopters, weather Mr. Speaker, it is important that my chairman shall report to the members of the mapping and reconnaissance, elec- colleagues realize that the C–130J is Committee on the authorization and issuance of a subpoena during the recess pe- tronic surveillance, firefighting, aerial not just designed to replace the older riod as soon as practicable but in no event spraying, Arctic-Antarctic ice resupply models. In reality, the J model has rev- later than one week after service of such and natural disaster missions. It has olutionized the world of tactical airlift. subpoena. even landed and taken off from a car- In addition to being 15 feet longer, the

VerDate Aug 31 2005 06:39 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE5.REC H15FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H610 CONGRESSIONAL RECORD — HOUSE February 15, 2005 J is faster, more powerful, more reli- This is going to hit everybody’s wal- stop trading away America’s economic able, easier to maintain, more techno- lets, from Wall Street to Main Street. future. America needs a positive eco- logically advanced and capable of fly- The trade deficit for calendar year nomic future that will help create good ing higher and farther than ever before. 2004 smashed every record on the jobs, new wealth and new opportunity, Today, both U.S. and Allied C–130Js are books. That is right. Over one-half tril- not the Bush administration’s bank- performing operational missions in the lion dollars. Now, who are these defi- rupt trade and fiscal policies that send Middle East in support of our cits with? Let us start with China. If our jobs overseas, our wealth to banks warfighters, as well in support of the you go out to San Diego and Los Ange- in Beijing and Saudi Arabia, to whom tsunami relief effort in Southeast Asia. les harbor, you can see ships coming in we now owe interest, and the bill for The J is performing superbly and from Asia as far as the eye can see. all this nonsense to our children and testimonials from the pilots using the Every single year of this Presidency, grandchildren. new planes have been extremely posi- we have seen the red ink from China f get deeper and deeper. In fact, last year tive. HONORING STAFF SERGEANT RAY we were in debt to them, just for last Mr. Speaker, there is a glimmer of RANGEL’S SERVICE AND ULTI- year, over $162 billion. That was up al- hope that the Department of Defense MATE SACRIFICE has realized the negative implications most a third from the prior year. The of this decision in the short and long manufacturing portion of our overall The SPEAKER pro tempore. Under a term and may be working to reverse deficit worsened to $465.8 billion, 16 previous order of the House, the gen- the decision. But we in Congress must percent more than the record set the tleman from Texas (Mr. CUELLAR) is continue to do everything in our power prior year. With every billion dollars, recognized for 5 minutes. Mr. CUELLAR. Mr. Speaker, I rise to ensure America’s ability to trans- 20,000 more jobs in this country vanish. today to honor the exceptional service port troops and supplies and to perform The deficit in advanced technology of Staff Sergeant Ray Rangel and the critical humanitarian missions both products, which was supposed to save ultimate sacrifice he paid to the coun- today and in the future. us, worsened to $37 billion in 2004, fully 38 percent worse than the record the try. f Ray Rangel had hopes of returning year before. One can look in every sec- The SPEAKER pro tempore (Mr. home this Valentine’s Day. Unfortu- tor with almost every major trading PRICE of Georgia). Under a previous nately, a heroic act prevented this nation and America is deep in red ink. from happening. He was part of the order of the House, the gentleman from One other dubious record. People E AZIO Seventh Civil Engineering Squadron Oregon (Mr. D F ) is recognized for talk about NAFTA. Here are the fig- that was ordered to stay in Iraq. At age 5 minutes. ures for Canada for 2003, the highest 29, Ray had been in Iraq since Sep- (Mr. DEFAZIO addressed the House. level on record, over $67 billion. And tember and was proud to be part of Op- His remarks will appear hereafter in with Mexico under NAFTA, the budget the Extensions of Remarks.) eration Iraqi Freedom. last year was close to $50 billion, near- Staff Sergeant Ray Rangel’s ultimate f ly a $110.8 billion deficit in trade with sacrifice for his country devastated his EXCHANGE OF SPECIAL ORDER those two countries under NAFTA in parents, Federico and Priscilla Rangel. TIME 2004. The net result of all of this is the He was their only son and he acknowl- weakening of our dollar. Even edged to them that if anything ever Ms. KAPTUR. Mr. Speaker, I ask Bloomberg says the steady decline in unanimous consent to take the time of happened to him while he was overseas, the dollar is likely to resume again. to remember that he was doing what he the gentleman from Oregon (Mr. Secretary Snow says the administra- DEFAZIO). loved to do and, that is, helping people. tion believes in a strong dollar, but A San Antonio native, Ray had at- The SPEAKER pro tempore. Is there what is happening does not match his objection to the request of the gentle- tended South San Antonio High School rhetoric. Meanwhile, prices go up for and was a defensive back on the high woman from Ohio? our consumers in everything, including There was no objection. school football team. He was well liked petroleum, which is the basis for gaso- by all who met him. His sense of humor f line, and prices have been going up and his habit of cracking jokes earned BUDGET AND TRADE DEFICITS there. him the nickname ‘‘Crazy Ray’’ among Make no mistake, America ends up CONTINUE TO RISE his teammates. After high school, Ray owing somebody else. But, in fact, it is married his high school sweetheart, The SPEAKER pro tempore. Under a our children and grandchildren that Selena, and together they had three previous order of the House, the gentle- end up becoming less independent as a sons and a daughter. Despite their busy woman from Ohio (Ms. KAPTUR) is rec- nation because of these deficits as we schedules, Ray coached his oldest son’s ognized for 5 minutes. see one industry after another decline. youth football team while Selena Ms. KAPTUR. Mr. Speaker, last week The President’s trade deficits and coached the cheerleaders for their the President sent his 2006 budget re- budget deficits are setting these all- daughter. Their three sons are now quest to Congress. Just yesterday, he time records. ages 7 to 11 and their daughter is now added to that request for supplemental I ask myself, in the major sector of 5 years old. funds for fiscal year 2005. His own esti- deficit, which is oil, when is America Federico and Cynthia remember Ray mate shows staggering budget deficits going to wake up? When are we going as a devoted son and father. Through to be handed down to the next genera- to have real leadership here in Wash- his own example, Ray taught his chil- tion, and to many future generations. ington for new sources of energy so dren of respect, discipline and service. In fact, this administration is setting that these numbers stop heading in a Two years ago when Cynthia had to new world records all over the place. downward direction? Dependence is not have surgery, Ray took leave in order Not only record budget deficits but what America’s founders had in mind. to spend time and take care of her. In also, importantly, record trade deficits. They did not envision an America in his spare time he would often take In fact, they have now created a two- hock to the world. We want an America friends and family on fishing and hunt- headed monster. This administration is that is strong and independent, not ing outings. exporting its bankrupt economic poli- saddled with debt and beholden to for- Growing up in a family with a his- cies around the world through failed eign banks. tory of military service, Ray enlisted trade policies. Just look at the num- It is time to tell our President to in the Air Force soon after his high bers. Never has America had trade defi- stop; stop letting our trade partners school graduation in 1994. This year cits over one-half trillion dollars. Last walk all over us; stop negotiating trade would have been his 11th year serving year, $617 billion, every year going deals like CAFTA that hurt our work- in the U.S. Air Force. Ray had consid- deeper and deeper, sinking deeper into ers and give workers in other places no ered going to college after serving out trade deficit with our trade competi- chance to improve their lot when there his first enlistment contract. However, tors around the world. This is not an are no labor standards and environ- he found the Air Force to be such a re- issue for Republicans and Democrats. mental standards that are enforceable; warding experience and the people so

VerDate Aug 31 2005 06:39 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE5.REC H15FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 15, 2005 CONGRESSIONAL RECORD — HOUSE H611 inviting that he decided to re-enlist tleman from California (Mr. CARDOZA) lion to import gasoline into Iraq from and serve in the Air Force as a lifelong is recognized for 5 minutes. Kuwait where the government agency career. Mr. CARDOZA. Mr. Speaker, I rise to provided the same service for less than Ray was well aware of the dangers express my support for the War Fund- one-third the price. that he would have to endure during ing Accountability Act, a bill that has b 2000 his time in Iraq. He had to deal with been endorsed by the Blue Dog Coali- being away from his family and friends. tion, a group of moderate to conserv- The same contractor reportedly It was especially hard since Ray had to ative Democrats with reputations for charged taxpayers $10,000 a day for un- spend Thanksgiving and Christmas being fiscal and defense hawks. The authorized and unnecessary expenses apart from his family and his wife and members of the Blue Dog Coalition are at the Kuwait Hilton, even though the his young children for the first time. some of the most pro-defense, pro-mili- same people could have stayed in air- To cope with tough times, Ray would tary Members of Congress, from either conditioned tents like those used by often make jokes to his family while party. We are dedicated to seeing our our troops for less than $600 per day. he was away, saying that he was one of troops achieve success in Iraq and Af- The entire justification for having pri- the lucky ones. ghanistan and we applaud the Iraqi vate companies is that contractors can A firefighter based at Dyess Air people for their recent election success. supposedly save the taxpayers money, Force Base near Abilene, Texas, Ray The War Funding Accountability not cost the taxpayers dollars. lost his life trying to rescue fellow sol- Act, sponsored by the gentleman from With the War Accountability Act we diers that had fallen into a canal while California (Mr. THOMPSON), is about have an opportunity to regain the over- their particular Humvee flipped over. those troops, the dedicated men and sight voice that has been lost for too Ray’s mother was told that her son was women of the United States Armed long. the first to jump in the water to help Forces who put their lives on the line Congress should not give up its over- the soldiers, and his selflessness in this every single day to defend our way of sight powers, Mr. Speaker, the power of act demonstrates the best a person can life. the purse. And it should not write the be. Mr. Speaker, I believe, as people Defense Department a blank check. Ray Rangel is the first Air Force across our Nation believe, that we The President needs to be held ac- member from South Texas killed in must provide our men and women in countable for where our money is Iraq. He is also the ninth U.S. service uniform the resources they need to going. This is a responsibility that we member from the San Antonio area and complete their mission as safely and have to the men and women serving in the 42nd from South Texas killed in securely as possible. Our military has combat, to their parents, and to all support of Operation Iraqi Freedom. performed brilliantly, protecting civil- American taxpayers who are footing Ray’s parents remember that despite ians, maintaining order and promoting the bill to ensure that the billions of criticism leveled at President Bush democracy while facing threats and dollars in supplemental funds are going over the U.S. occupation of Iraq, Ran- guerilla-style attacks every single day. to be spent in the most effective and ef- gel did not want his family to be bitter My support for our troops is unwaver- ficient way possible. if he got hurt or killed. He would often ing, and for that reason I have sup- I hope all of my colleagues will stand remind his family that he loved his ported the supplemental requests that with the Blue Dog Coalition and start country and he wanted to serve the have come before this Congress. How- to support the War Funding Account- best that he could. ever, the job of Congress is to make ability Act, an act for America. Mr. Speaker, I am privileged to have sure that the money we are spending in had this time to honor Staff Sergeant f Iraq is going to the appropriate places, Ray Rangel, a true hero that exempli- PRESIDENT BUSH’S FISCAL YEAR going to our troops to keep our Na- fies the noblest qualities of the human 2006 BUDGET spirit. tion’s sons and daughters out of harm’s way. We must make sure this job gets The SPEAKER pro tempore (Mr. f done right and gets done as soon as hu- CONAWAY). Under a previous order of The SPEAKER pro tempore. Under a manly possible. the House, the gentleman from New previous order of the House, the gen- So until all of our troops are with- Jersey (Mr. PALLONE) is recognized for tleman from Indiana (Mr. BURTON) is drawn from Iraq, we need an accurate 5 minutes. recognized for 5 minutes. accounting method of where the money Mr. PALLONE. Mr. Speaker, when (Mr. BURTON of Indiana addressed is being spent so that we can make President Bush submitted his budget to the House. His remarks will appear sure our soldiers are adequately Congress last week, he said it rep- hereafter in the Extensions of Re- equipped and prepared. Accountability resented his values and his priorities. If marks.) is not only patriotic, it is often deter- that is indeed the case we really should f mining of success or failure. If our question both. The SPEAKER pro tempore. Under a troops do not have proper equipment, One really has to wonder if this budg- previous order of the House, the gen- such as vehicles without armor plating, et document represents his priorities. tleman from Illinois (Mr. EMANUEL) is rather than them scrounging for scrap You will remember 2 weeks ago during recognized for 5 minutes. metal for do-it-yourself armor plating, his State of the Union address, Presi- (Mr. EMANUEL addressed the House. we as Members of Congress can and dent Bush spent the majority of that His remarks will appear hereafter in should do something about it by re- speech talking about his Social Secu- the Extensions of Remarks.) directing the money. rity privatization plan and the contin- f The Department of Defense has re- ued war in Iraq. Supposedly these were EXCHANGE OF SPECIAL ORDER ceived $201 billion to date for the war his priorities for the upcoming year. TIME on terrorism. While they have provided And yet the President did not include the additional $80 billion needed to Mr. CARDOZA. Mr. Speaker, I ask an allocation of some of these funds, fund the Iraq war or the trillions that unanimous consent to take the time of they have not given Congress a full ac- counting. The White House has an- will be needed over the next decade to the gentleman from Illinois (Mr. EMAN- fund his costly Social Security privat- UEL). nounced today that it will request $81 The SPEAKER pro tempore. Is there billion more for these operations in its ization proposal in his budget. objection to the request of the gen- fiscal year 2005 wartime supplemental, Mr. Speaker, it is impossible for the tleman from California? including $75 billion for the DOD. In President to reverse our Nation’s fiscal There was no objection. addition, the Congressional Budget Of- collapse if he continues to send incom- plete budgets to Capitol Hill. The f fice has estimated that the costs for the war could approach $500 billion be- President can say that he is going to WAR FUNDING ACCOUNTABILITY tween this year and the year 2015. cut the Federal deficit in half in sev- ACT There have been reports of wasteful eral years; but the fact is, that cannot The SPEAKER pro tempore. Under a spending. One private contractor, for happen if the President does not send previous order of the House, the gen- example, overcharged DOD by $61 mil- us an honest budget.

VerDate Aug 31 2005 06:39 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE5.REC H15FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H612 CONGRESSIONAL RECORD — HOUSE February 15, 2005 If Social Security and the war in Iraq shows absolutely no compassion for the Every member of the committee or the ap- are the President’s priorities, then he uninsured by proposing these dev- propriate subcommittee, unless prevented by should have no problem placing them astating health care cuts. unusual circumstances, shall be provided in his budget and explaining to the The President also refused to follow with a memorandum at least 3 calendar days before each meeting or hearing explaining (1) American people why these billions of through with his promise during last the purpose of the meeting or hearing; and dollars must be used in Iraq and on his week’s State of the Union address, or I (2) the names, titles, background and reasons Social Security privatization plan. should say a couple of weeks ago, when for appearance of any witnesses. The ranking Mr. Speaker, President Bush also he said he would do everything possible minority member shall be responsible for said this budget represents a vision of to help our soldiers and veterans re- providing the same information on witnesses his values. Now, if that is the case, one cover. whom the minority may request. really has to question the President’s Well, if you look at the budget, there RULE 3. QUORUMS dedication to one of government’s main is a pitiful half a percent, that is half (a) A majority of the members of the com- rules, helping those less fortunate. a percent increase in veterans affairs mittee shall form a quorum, except that two Once again, the President’s budget funding. Now, that is a slap in the face members shall constitute a quorum for tak- helps provide the blueprint for Repub- ing testimony and receiving evidence, and to the millions of men and women who one-third of the members shall form a licans to help the wealthiest in our Na- have fought for our country. Congress tion become even wealthier. That is to quorum for taking any action other than the should not neglect these brave Ameri- reporting of a measure or recommendation. the detriment of middle-class and cans and should instead reject the If the chairman is not present at any meet- lower-income Americans who greatly President’s budget proposal when it ing of the committee or subcommittee, the benefit from many of the programs the comes to veterans. ranking member of the majority party on President now wants to cut or elimi- Mr. Speaker, finally I just want to the committee or subcommittee who is nate, and for what, more tax breaks say, the President’s budget values and present shall preside at that meeting. (b) The Chairman of the committee may, that primarily benefit our Nation’s priorities are, in my opinion, not in the wealthiest 1 percent? at the request of a subcommittee chairman, best interests of America. It is time make a temporary assignment of any mem- The President’s budget shows his that congressional Republicans stand lack of compassion for programs that ber of the committee to such subcommittee up to this President and let him know for the purpose of constituting a quorum at benefit my State of New Jersey, our that his priorities are not the priorities and participating in any public hearing by middle- and lower-income families in of their constituents, and I know they such subcommittee to be held outside of particular. By drastically cutting hous- are not. Washington, DC. Members appointed to such ing, education, community policing en- I hope Congress will reject the Presi- temporary positions shall not be voting vironmental protection and Medicaid members. The Chairman shall give reason- dent’s budget proposal in the upcoming programs, the President is turning his able notice of such temporary assignment to months in favor of one that truly takes back on middle- and lower-income fam- the ranking members of the committee and the needs of working families into con- ilies in my State of New Jersey. subcommittee. President Bush’s budget makes sub- sideration. I think this is a very impor- RULE 4. COMMITTEE REPORTS stantial cuts in important education tant issue; and I cannot stress enough, Bills and resolutions approved by the com- proposals that are important to my and I speak on behalf of my follow mittee shall be reported by the chairman fol- Democrats, in saying that the Bush lowing House Rule XIII, clauses 2 and 4. State. The budget provides only half of A proposed report shall not be considered the funding promised for after-school budget simply cannot be allowed to stand. in subcommittee or full committee unless programs. the proposed report has been available to the In New Jersey, these cuts will mean f members of such subcommittee or full com- nearly 33,000 New Jersey children will PUBLICATION OF THE RULES OF mittee for at least 3 calendar days (excluding no longer have access to critical after- THE COMMITTEE ON GOVERN- Saturdays, Sundays, and legal holidays, un- school programs. The President’s budg- MENT REFORM, 109TH CONGRESS less the House is in session on such days) be- et also cuts 440 million in Safe and fore consideration of such proposed report in Drug Free School grants, 500 million in The SPEAKER pro tempore. Under a subcommittee or full committee. Any report education technology State grants, 325 previous order of the House, the gen- will be considered as read if available to the members at least 24 hours before consider- million for the Even Start Literacy tleman from Virginia (Mr. TOM DAVIS) is recognized for 5 minutes. ation, excluding Saturdays, Sundays, and program, and 280 million for the Up- legal holidays unless the House is in session ward Bound program for inner-city Mr. TOM DAVIS of Virginia. Mr. Speaker, on such days. If hearings have been held on youth. pursuant to clause 2(a)2 of Rule XI of the the matter reported upon, every reasonable Now, this may sound like a lot of bu- Rules of the House of Representatives, I here- effort shall be made to have such hearings reaucracy, but these are real education by submit the rules of the Committee on Gov- available to the members of the sub- cuts that are going to hurt children. ernment Reform for the 109th Congress for committee or full committee before the con- And yet the President has no problem publication in the CONGRESSIONAL RECORD. sideration of the proposed report in such sub- cutting those programs while at the These rules were adopted by voice vote on committee or full committee. Every inves- same time continuing his policy of pro- February 9, 2005 at an open meeting of the tigative report shall be approved by a major- ity vote of the committee at a meeting at viding large tax breaks to the wealthi- Committee. which a quorum is present. est Americans. THE RULES OF THE COMMITTEE ON Supplemental, minority, or additional Now, these are certainly not my val- GOVERNMENT REFORM views may be filed following House Rule XI, ues; I would hope that they were not RULE 1. APPLICATION OF RULES clause 2(1) and Rule XIII, clause 3(a)(1). The the President’s values. But certainly Except where the terms ‘‘full committee’’ time allowed for filing such views shall be 3 the budget says the opposite. The and ‘‘subcommittee’’ are specifically referred calendar days, beginning on the day of no- President also proposes huge cuts in to, the following rules shall apply to the tice, but excluding Saturdays, Sundays, and the Medicaid program. Now, this pro- Committee on Government Reform and its legal holidays (unless the House is in session gram serves nearly 930,000 children, subcommittees as well as to the respective on such a day), unless the committee agrees chairmen. to a different time, but agreement on a seniors and people with disabilities in shorter time shall require the concurrence of my State of New Jersey. RULE 2. MEETINGS each member seeking to file such views. It is estimated that the $60 billion in The regular meetings of the full committee An investigative or oversight report may cuts that the President is proposing shall be held on the second Tuesday of each be filed after sine die adjournment of the last will cut one-fourth of the Medicaid month at 10 a.m., when the House is in ses- regular session of Congress, provided that if money sent to my State over the next sion. The chairman is authorized to dispense a member gives timely notice of intention to decade. And, Mr. Speaker, New Jersey with a regular meeting or to change the date file supplemental, minority or additional and other States simply cannot pick up thereof, and to call and convene additional views, that member shall be entitled to not meetings, when circumstances warrant. A this slack. We have a budget shortfall less than 7 calendar days in which to submit special meeting of the committee may be re- such views for inclusion with the report. in New Jersey; we cannot pick up the quested by members of the committee fol- Only those reports approved by a majority Medicaid slack. lowing the provisions of House Rule XI, vote of the committee may be ordered print- At a time when 45 million Americans clause 2(c)(2). Subcommittees shall meet at ed, unless otherwise required by the Rules of are without health care, the President the call of the subcommittee chairmen. the House of Representatives.

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RULE 5. PROXY VOTES the oversight of energy policy, commerce, (e) Witnesses appearing before the com- In accordance with the Rules of the House housing, and urban development. mittee shall so far as practicable, submit of Representatives, members may not vote (vii) Subcommittee on the Federal Work- written statements at least 24 hours before by proxy on any measure or matter before force and Agency Organization—All matters their appearance and, when appearing in a the committee or any subcommittee. relating to the federal civil service, includ- non governmental capacity, provide a cur- ing personnel, compensation, employment riculum vitae and a listing of any Federal RULE 6. RECORD VOTES benefits and employee relations; all matters Government grants and contracts received in A record vote of the members may be had relating to reorganizations of the executive the previous fiscal year. upon the request of any member upon ap- branch including the study of redundancy; RULE 13. OPEN MEETINGS proval of a one-fifth vote of the members and all matters relating to the oversight of present. Meetings for the transaction of business workforce, retirement, and health policy. and hearings of the committee shall be open RULE 7. RECORD OF COMMITTEE ACTIONS (b) The full committee shall retain juris- to the public or closed in accordance with The committee staff shall maintain in the diction over federal acquisition policy, fed- Rule XI of the House of Representatives. committee offices a complete record of com- eral property, information management, RULE 14. FIVE-MINUTE RULE mittee actions from the current Congress in- technology policy, the Postal Service, and (a) A committee member may question a cluding a record of the roll call votes taken the District of Columbia. witness only when recognized by the chair- at committee business meetings. The origi- (c) Bills, resolutions, and other matters man for that purpose. In accordance with nal records, or true copies thereof, as appro- shall be expeditiously referred by the Chair- House Rule XI, clause 2(j)(2), each committee priate, shall be available for public inspec- man to subcommittees for consideration or member may request up to five minutes to tion whenever the committee offices are investigation in accordance with their fixed question a witness until each member who so open for public business. The staff shall as- jurisdictions. Where the subject matter of desires has had such opportunity. Until all sure that such original records are preserved the referral involves the jurisdiction of more such requests have been satisfied, the chair- with no unauthorized alteration, additions, than one subcommittee or does not fall with- man shall, so far as practicable, recognize al- or defacement. in any previously assigned jurisdiction, the chairman shall refer the matter as he may ternately based on seniority of those major- RULE 8. SUBCOMMITTEES; REFERRALS deem advisable. Bills, resolutions, and other ity and minority members present at the (a) There shall be seven standing sub- matters referred to subcommittees may be time the hearing was called to order and oth- committees with appropriate party ratios. reassigned by the Chairman when, in his ers based on their arrival at the hearing. The Chairman shall assign members to sub- judgment, the subcommittee is not able to After that, additional time may be extended committees. Minority party assignments complete its work or cannot reach agree- at the direction of the chairman. shall be made only with the concurrence of ment therein. In a subcommittee having an (b) The chairman, with the concurrence of the Ranking Minority Member. The sub- even number of members, if there is a tie the ranking minority member, or the com- committees shall have the following fixed ju- vote with all members voting on any meas- mittee by motion, may permit an equal num- risdictions: ure, the measure shall be placed on the agen- ber of majority and minority members to (i) Subcommittee on National Security, da for full committee consideration as if it question a witness for a specified, total pe- Emerging Threats, and International Rela- had been ordered reported by the sub- riod that is equal for each side and not tions—All matters relating to the oversight committee without recommendation. This longer than thirty minutes for each side. of national security, emerging threats, vet- provision shall not preclude further action (c) The chairman, with the concurrence of erans affairs, homeland security, and inter- on the measure by the subcommittee. the ranking minority member, or the com- national relations, including anti-terrorism mittee by motion, may permit committee RULE 9. EX OFFICIO MEMBERS efforts, both foreign and domestic, and inter- staff of the majority and minority to ques- national trade. The chairman and the ranking minority tion a witness for a specified, total period (ii) Subcommittee on Criminal Justice, member of the committee shall be ex officio that is equal for each side and not longer Drug Policy and Human Resources—All mat- members of all subcommittees. They are au- than thirty minutes for each side. ters relating to the criminal justice system, thorized to vote on subcommittee matters; (d) Nothing in paragraph (b) or (c) affects the Nation’s counter-narcotics programs, but, unless they are regular members of the the rights of a Member (other than a Member both foreign and domestic, and food and drug subcommittee, they shall not be counted in designated under paragraph (b)) to question safety; all matters relating to the oversight determining a subcommittee quorum other a witness for 5 minutes in accordance with of the Judiciary, public health and welfare, than a quorum for taking testimony. paragraph (a) after the questioning per- education, arts, the humanities, publicly RULE 10. STAFF mitted under paragraph (b) or (c). In any ex- sponsored media, and the National Parks. Except as otherwise provided by House tended questioning permitted under para- (iii) Subcommittee on Government Man- Rule X, clauses 6, 7 and 9, the chairman of graph (b) or (c), the chairman shall deter- agement, Finance, and Accountability—All the full committee shall have the authority mine how to allocate the time permitted for matters relating to financial management of to hire and discharge employees of the pro- extended questioning by majority members executive departments and agencies, exclud- fessional and clerical staff of the full com- or majority committee staff and the ranking ing acquisition; all matters relating to gov- mittee and of subcommittees. minority member shall determine how to al- ernmental accounting measures; all matters locate the time permitted for extended ques- RULE 11. STAFF DIRECTION relating to the overall efficiency and man- tioning by minority members or minority agement of government operations including Except as otherwise provided by House committee staff. The chairman or the rank- program assessment and review and exclud- Rule X, clauses 6, 7 and 9, the staff of the ing minority member, as applicable, may al- ing Federal property; all matters relating to committee shall be subject to the direction locate the time for any extended questioning public records, including presidential of the chairman of the full committee and permitted to staff under paragraph (c) to records, the public access to records, advi- shall perform such duties as he may assign. members. sory committees, and the Archives; and all RULE 12. HEARING DATES AND WITNESSES RULE 15. INVESTIGATIVE HEARING PROCEDURES matters relating to the oversight of financial (a) Each subcommittee of the Committee Investigative hearings shall be conducted services, government-sponsored enterprises, is authorized to meet, hold hearings, receive according to the procedures in House Rule and the nation’s economic growth. testimony, mark up legislation, and report XI, clause 2(k). All questions put to wit- (iv) Subcommittee on and Regulatory Af- to the full Committee on any measure or nesses before the committee shall be rel- fairs—All matters relating to regulatory re- matter referred to it. evant to the subject matter before the com- form, Congressional review, the costs of reg- (b) No subcommittee of the Committee mittee for consideration, and the chairman ulation, and paperwork reduction measures; may meet or hold a hearing at the same time shall rule on the relevance of any questions and all matters relating to the oversight of as a meeting or hearing of the Committee. put to the witnesses. tax policy. (c) The chairman of each subcommittee RULE 16. STENOGRAPHIC RECORD (v) Subcommittee on Federalism and the shall set hearing and meeting dates only Census—All matters relating to inter-gov- with the approval of the Chairman with a A stenographic record of all testimony ernmental relations and aid to the States view toward assuring the availability of shall be kept of public hearings and shall be and localities, including unfunded mandates, meeting rooms and avoiding simultaneous made available on such conditions as the grant management reform, brownfields scheduling of Committee and subcommittee chairman may prescribe. clean-up and redevelopment, and infrastruc- meetings or hearings. RULE 17. AUDIO AND VISUAL COVERAGE OF ture; all matters relating to population and (d) Each subcommittee chairman shall no- COMMITTEE PROCEEDINGS demography generally, including the Census, tify the Chairman of any hearing plans at (a) An open meeting or hearing of the com- and the Bureau of Economic Analysis. All least two weeks before the date of com- mittee or a subcommittee may be covered, in matters relating to the oversight of housing mencement of hearings, including the date, whole or in part, by television broadcast, and urban development. place, subject matter, and the names of wit- radio broadcast, Internet broadcast, and still (vi) Subcommittee on Energy and Re- nesses, willing and unwilling, who would be photography, unless closed subject to the sources—All matters related to the oversight called to testify, including, to the extent he provisions of House Rule XI, clause 2(g). Any of environmental policy, natural resources, is advised thereof, witnesses whom the mi- such coverage shall conform with the provi- and federal land; and all matters related to nority members may request. sions of House Rule XI, clause 4.

VerDate Aug 31 2005 06:39 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE5.REC H15FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H614 CONGRESSIONAL RECORD — HOUSE February 15, 2005 (b) Use of the Committee Broadcast Sys- months. A panel or task force so appointed fight to include women, children, and people of tem shall be fair and nonpartisan, and in ac- may, upon the expiration of six months, be color in the public policy debate that so deeply cordance with House Rule XI, clause 4(b), reappointed by the chairman. affects their own lives. It is from her example and all other applicable rules of the House of f and spirit that we continue to fight for the Representatives and the Committee on Gov- ernment Reform. Members of the committee The SPEAKER pro tempore. Under a ideals that she held so close. shall have prompt access to a copy of cov- previous order of the House, the gen- Shirley Chisholm joins the ranks of count- erage by the Committee Broadcast System, tleman from California (Mr. THOMPSON) less other civil rights leaders to whom we owe to the extent that such coverage is main- is recognized for 5 minutes. our strength. Today, we bless and honor her tained. (Mr. THOMPSON of California ad- by keeping her struggle, and our struggle, (c) Personnel providing coverage of an dressed the House. His remarks will ap- alive. I will miss her dearly, and both she and open meeting or hearing of the committee or pear hereafter in the Extensions of Re- her family will always remain in my thoughts a subcommittee by Internet broadcast, other and prayers. than through the Committee Broadcast Sys- marks.) f tem, shall be currently accredited to the f Radio and Television Correspondents’ Gal- The SPEAKER pro tempore. Under a SAVING SOCIAL SECURITY leries. previous order of the House, the gentle- The SPEAKER pro tempore. Under RULE 18. ADDITIONAL DUTIES AND AUTHORITIES woman from Texas (Ms. JACKSON-LEE) the Speaker’s announced policy of Jan- OF CHAIRMAN is recognized for 5 minutes. uary 4, 2005, the gentleman from Flor- The chairman of the full committee shall: (Ms. JACKSON-LEE of Texas ad- ida (Mr. MEEK) is recognized for 60 min- (a) Make available to other committees dressed the House. Her remarks will utes as the designee of the minority the findings and recommendations resulting from the investigations of the committee or appear hereafter in the Extensions of leader. its subcommittees as required by House Rule Remarks.) Mr. MEEK of Florida. Mr. Speaker, once again it is an honor to be before X, clause 4(c)(2); f the House of Representatives to speak (b) Direct such review and studies on the The SPEAKER pro tempore. Under a impact or probable impact of tax policies af- directly to our colleagues. I think it is fecting subjects within the committee’s ju- previous order of the House, the gen- important for us to remember that in risdiction as required by House Rule X, tleman from Maryland (Mr. CUMMINGS) this democracy of ours it is important clause 2(c); is recognized for 5 minutes. that we share good information and ac- (c) Submit to the Committee on the Budg- (Mr. CUMMINGS addressed the curate information on the issues that et views and estimates required by House House. His remarks will appear here- are being debated here in this Chamber Rule X, clause 4(f), and to file reports with after in the Extensions of Remarks.) the House as required by the Congressional and in the capital city, and I think it Budget Act; f is also important for us to remember (d) Authorize and issue subpoenas as pro- The SPEAKER pro tempore. Under a that many Americans counts on us to vided in House Rule XI, clause 2(m), in the previous order of the House, the gentle- represent them in a way that is an hon- conduct of any investigation or activity or woman from New York (Mrs. MALONEY) orable way, a way that will give them series of investigations or activities within is recognized for 5 minutes. good information so when they stand the jurisdiction of the committee; (Mrs. MALONEY addressed the in time of judgment on who their lead- (e) Prepare, after consultation with sub- ership will be here in Washington, D.C., committee chairmen and the minority, a House. Her remarks will appear here- budget for the committee, which shall in- after in the Extensions of Remarks.) that they can make a sound decision. There have been a lot of things that clude an adequate budget for the subcommit- f tees to discharge their responsibilities; have been going on in the last couple of (f) Make any necessary technical and con- THE LIFE AND TIMES OF THE weeks. We have heard reference by forming changes to legislation reported by HONORABLE SHIRLEY CHISOLM other Members on both sides of the the committee upon unanimous consent; and aisle to the President’s budget and also The SPEAKER pro tempore. Under a (g) Designate a vice chairman from the to the President’s State of the Union, previous order of the House, the gentle- majority party. but we also have a great deal of respon- woman from Florida (Ms. CORRINE (h) The Chairman is directed to offer a mo- sibility to the American people to tion under clause 1 of Rule XXII of the Rules BROWN) is recognized for 5 minutes. make sure that we represent this of the House whenever the Chairman con- Ms. CORRINE BROWN of Florida. Mr. siders it appropriate. branch of the government, which is the Speaker, on behalf of the constituents of the legislative branch. RULE 19. SUBJECTS OF STAMPS Third Congressional District of Florida, I am This is our 30-something Hour that The committee has adopted the policy that honored to share my thoughts with you about has been designated by the gentle- the determination of the subject matter of this amazing lady. commemorative stamps and new semi-postal woman from California (Ms. PELOSI), Upon her passing, let’s pause to reflect Democratic leader. This is now going issues is properly for consideration by the upon her life and times, and how she has in- Postmaster General and that the committee on our third year of putting voice to will not give consideration to legislative pro- fluenced our world today. During her hard many of the issues that are not only posals specifying the subject matter of com- fought rise to the halls of Congress and her facing young people in America but memorative stamps and new semi-postal permanent place in the history of our Nation; also facing their parents and their issues. It is suggested that recommendations she was on time to fight for truth, justice, hu- grandparents. We try to make the di- for the subject matter of stamps be sub- manity, and the rights of the have-nots; she rect connection between those that are mitted to the Postmaster General. was where she needed to be to raise the con- trying to help themselves, that go to RULE 20. PANELS AND TASK FORCES sciousness of a nation, and shed light on the work every day, go to school every day, (a) The chairman of the committee is au- plight of others. to those parents that know what it thorized to appoint panels or task forces to She led a battle that was personal, one that means to punch in and punch out every carry out the duties and functions of the was rooted deep in the soul of the oppressed, day to supply the necessary resources committee. the forgotten and the disenfranchised. Hers for their family to have a better oppor- (b) The chairman and ranking minority was a fight to make this Nation live up to its member of the committee may serve as ex- tunity than what they have had; all the officio members of each panel or task force. promise—liberty and equality for all. This great way to the grandparents that, of (c) The chairman of any panel or task force battle was more than just politics—it was a course, their hope and prayer is to shall be appointed by the chairman of the fight to garner the hopes of the few and infuse make sure that their grandchildren and committee. The ranking minority member them with the dreams of the many. This was their children are able to provide for shall select a ranking minority member for the struggle for the humanity of human kind; future generations. each panel or task force. the reminder that the prize was always in And so this brings us to Social Secu- (d) The House and committee rules appli- view, yet denied by those who sought to keep rity, and in the 30-something Hour I cable to subcommittee meetings, hearings, their dreams squandered. am so glad to be here once again with recommendations and reports shall apply to the meetings, hearings, recommendations As a founding Member of the Congressional the gentleman from Ohio (Mr. RYAN), and reports of panels and task forces. Black Caucus, Shirley Chisholm was a driving whom I admire quite a bit, who serves (e) No panel or task force so appointed force behind the Caucus’ mission to serve as with me on the Committee on Armed shall continue in existence for more than six the ‘Conscience of the Congress,’ and the Services.

VerDate Aug 31 2005 06:39 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE5.REC H15FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 15, 2005 CONGRESSIONAL RECORD — HOUSE H615 I just want to briefly say, as it re- the little program and it has no effect after the 2004 election he said he has lates to Social Security, when people on anything else that is going on the ‘‘political capital’’ to come to the think of Social Security they think of around it. So we have some charts here Hill and make it happen. Still no plan. silver and blue hair. That is not nec- that many of our colleagues have been I just think it is important for us to essarily what Social Security is all using, and I think they are going to be share this with folks. about. There are millions of Ameri- very important to impress upon the Then the budget that was just sub- cans, I must add, that count on that American people exactly where we are mitted that we are all talking about, Social Security promise that they were fiscally in the United States of Amer- Democrats and Republicans, because made in their years of working and ica. So I have this chart here that there are a lot of good things in there, providing for this great country of talks about the deficit that we are in, it is all about our principles and our ours. And I must say that there are 48 and then we will get into the plan values here in this Chamber; what we million people that are receiving bene- later, and we will discuss the different believe is important to the American fits, and they are not all over the age approaches. people. Still no mention, still no plan, of 60, and they are not over the age of Mr. MEEK of Florida. Mr. Speaker, still no numbers on his privatization 55. They go all the way down into the reclaiming my time, what plan? plan for Social Security. younger years, and 17 percent of our Mr. RYAN of Ohio. The blueprint. There are now a number of press ac- young people are benefactors of sur- Mr. MEEK of Florida. Mr. Speaker, I counts saying there may very well be vivor benefits of Social Security. mean, we need to make sure the Amer- no plan for this year. So when we start Also, when we look at it, there are 33 ican people understand there is no with the President flying around burn- million retirees that are receiving So- plan. There is no plan. We said last ing all kinds of Federal jet fuel, tax- cial Security, and we also have seniors week that I have not received a bound payers’ money, talking about his phi- that are looking at an average of $955 copy from the President’s office or losophy, Social Security is such a deep from their Social Security benefits from the majority about a plan on So- issue from young to old that we cannot every month. cial Security. There is no plan. So we walk around and start talking about, So when we talk about Social Secu- need to make sure that people under- ‘‘well, we think’’ and ‘‘we believe,’’ be- rity, we are talking about the real stand. I mean, people can talk concepts cause the Congress, I hope, will not go backbone, the real backbone of what and philosophy all day; but it is impor- for it. we do and what we are all about here in tant that once we start talking about a So I just want to make sure. I know the U.S. Congress in providing the plan, then we can have a true debate, the gentleman is leading up to that. In leadership to make sure that it is sol- especially if it is a plan from both sides some instances they say, ‘‘Let’s put the vent. We do know that it will be sol- of the aisle, Democrats and Repub- cookie on the bottom shelf so everyone vent for another 47 years, and we even licans. can reach it and understand that there know that after that period, 80 percent And the last time we dealt with this, is no plan.’’ So when folks start talk- of the benefits that are being paid out Mr. Speaker, before our time here in ing about Democrats, saying ‘‘Where is now will still be able to be paid out. So the Congress, Democrats were in con- your plan,’’ there is not a plan out the fact that there is a three-alarm fire trol and worked with Ronald Reagan, there now. on Social Security, that is not nec- God bless his soul, in coming up and Our plan is to make sure we pay for essarily the case. saving Social Security. And it was a every dollar we spend or someone may But to the gentleman from Ohio (Mr. true crisis then. They had to act right borrow to make the deficit greater, to RYAN), it is just such a pleasure. I was then. They did not have an opportunity be able to pay it back. It is not a Fed- really looking forward to this. Last to play around and dance around a tree eral emergency right now to protect week when we left, I just could not and do the old Potomac two-step with Social Security. wait until Tuesday night when we the American people. They made it So I think it is important. I think could get back in this Chamber again happen and they made it solvent, and this chart is good. I apologize, but this and share very good information with that is the reason why beneficiaries, is something I wanted to say. our colleagues and hopefully continue young and old, are able to celebrate Mr. RYAN of Ohio. Mr. Speaker, if to stay in the fight to make sure that that here today. But right now I just the gentleman will yield further, I ap- Social Security is here not only now want to make sure that people under- preciate the gentleman’s passion on but also for future generations. stand, because I had an opportunity to the issue, and I think he is absolutely Mr. RYAN of Ohio. Mr. Speaker, will check the different reports that are right. There is not a plan. the gentleman yield? around. We get the Congressional Daily Basically what we are talking about Mr. MEEK of Florida. I yield to the a.m. and the p.m. and the Congres- and what the President last hinted for gentleman from Ohio. sional Quarterly, and there are a lot of sure is he wants private accounts. He Mr. RYAN of Ohio. Mr. Speaker, I publications that are around. has made that perfectly clear. He has thank the gentleman from Florida for made it clear that privatization, yielding to me, and I would like to say b 2015 throughout his career, since the time how much I enjoy this as well. I can tell you that with administra- he ran for Congress in the seventies, he And those of us who ran for these po- tion, this is not about the President; has been advocating these kinds of sitions and had to ask 700,000 American this is about a philosophy that is on plans, where the private accounts go. citizens to give us their blessing to the majority side to privatize Social Somehow, through a lot of fuzzy come here and represent them, there is Security. That is what it is all about. machinations, he figures out a way to nothing better than having a vigorous, It started back in 1978 with the Presi- say that will somehow shore up the honest debate about an issue that faces dent. In 2000 he said he was very ada- system. the whole country and do it in a way mant about wanting to privatize Social What I want to do is basically paint that is not personal. I am sure the Security. Then in 2001 the President the picture of where we are now, be- President in many ways thinks that his appointed a commission to develop a cause you cannot say we are going to plan is the best plan, and we in many privatization plan for him. Then in De- implement this ‘‘option two’’ of the ways think it is not and in the long cember of 2001 the commission gave the commission’s plan or the blueprint term it will end up hurting many of President three options to privatize So- that the President has insinuated or these 48 million people, the 48 million cial Security. In December 2001. Si- indicated portions of. But we know he people that this program lifts out of lence. Nothing. is for the private accounts, and many poverty. The President, you would have on the other side are for the private ac- I would like to take this opportunity thought he would run to the Hill with counts as well. But we cannot just do tonight here in Congress to talk a lit- the bill. Still nothing. Still no plan it. tle bit about the situation that the produced. In 2004, running for reelec- My point is this: Here is a graph of country is in right now. I do not think tion, the President again said he was the annual deficit that we have in the we can have this Social Security de- adamant about private accounts and a United States of America as of 2004. bate in a vacuum, just saying here is solution for Social Security. Then days Now, the debt is the overall deficits all

VerDate Aug 31 2005 06:39 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE5.REC H15FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H616 CONGRESSIONAL RECORD — HOUSE February 15, 2005 added up over time. We just raised the are saying over the next 10 years you ative to make the right decision to debt ceiling last year, I think it is over have to borrow another $1.4 trillion, make sure that the guarantee we told $8 trillion. Or the majority did. They and over the next 20 years we have to the American people we would provide, raised the debt ceiling to $8 trillion. borrow $5 trillion to pay for private ac- that we did. I am proud of those Mem- But here is what is basically hap- counts. bers and individuals that made that pening. We cannot afford to do that. We can- vote. Here in 1989, we had a deficit in 1989 not afford to borrow $5 trillion. And if Mr. RYAN of Ohio. Mr. Speaker, if of about $153 billion for that year. It one thinks we are going to be able to the gentleman will yield further, those continued to slide. You remember run this scheme and our taxes are not of us in this business and those at President Bush-1 said ‘‘Read my lips, going to go up, then you are missing home obviously interested in this kind no new taxes,’’ and then he ended up the point. You are not being respon- of debate and what is going on in your putting some taxes on and cut some sible to what the facts are. community and country, looking back spending and put some caps on some What happens is as the government is and having all the anger and personal programs. going out and borrowing money in the issues that we have today here in Then, in 1993, we still had in 1992 a international market from China, Washington, D.C. and in our State cap- $290 billion annual deficit. All these there is less money for the private sec- itals, politics has gotten so bitter and numbers are adding up to create our tor to go and get, which will raise in- so personal, can you imagine President national debt. terest rates for average citizens who Reagan and Tip O’Neil strolling out Then the Democratic House, Demo- want to buy a house or a car. saying, ‘‘We did it. We sucked it up for cratic Senate and President Clinton in That is kind of the background of the American people and did what was 1993 passed the budget, and it was after where we are right now. best; and part of it was your idea and that budget that we started to begin to Mr. MEEK of Florida. Mr. Speaker, part was our idea; and part was con- reduce the deficit. Then we had all the reclaiming my time, this is just so very servative and part liberal. But we made economic growth, 22 million new jobs important to the American people, and it work for the American people, for because of the balanced budget, low in- also Members of Congress. I put a great the people who this program lifts out terest rates, and we all remember what deal of responsibility on Members of of poverty and the 48 million people it was like in the nineties, until we got Congress. that get it.’’ to a $236 billion surplus. I do not take great pleasure, even Mr. MEEK of Florida. Mr. Speaker, To make a long story short, since though I am honored to serve in this reclaiming my time, I am saying all of 2000–2001 with the decline, now here we institution of the U.S. Congress, elect- that to say we have to work together. are with over a $400 billion deficit for ed by my constituents, representing You cannot come to the Hill with a 2004; red ink as far as the eye can see. not only my district but the State of plan and say ‘‘It is our plan; and, guess So right now we have to borrow over Florida, but we are U.S. Members of what, if you do not like it, so what?’’ $400 billion from the Social Security this great House. This is Social Security. The cam- Trust Fund, the Chinese and Japanese I must say that we have to make sure paign is over. For folks who did not get primarily, the same China that is that we frame this correctly, that we the news flash, our colleagues, the cleaning our clock in manufacturing. are in the minority. The Democrats are campaign is over. The signs are down, So we are borrowing this money from in the minority in the House and have the commercials are no longer on tele- the Chinese. been during the time of that great dive vision, and it is important that we ac- Now, the President’s plan, and let me that we see on that chart that the gen- tually work towards what the Amer- just show real quick, that is the def- tleman just illustrated to the Members ican people would like for us to work icit, this is the debt, which is all the of the House. towards: bipartisanship. deficits added up. In 2004, the Repub- We have a great deal of responsi- I will tell the gentleman what is also lican House, Senate, and President bility. We are serving in the House, in important in this debate: If there was a Bush raised the debt ceiling to $8 tril- the legislative branch, that is over- Democratic majority here in this lion, and the projection by the Con- seeing, or watching, I should say, the House and a Democratic majority in gressional Budget Office is by 2014 the largest deficit in the history of the Re- the other body across the hall and debt will be $13.6 trillion. That is a public. Not once before was it like this. there was a Democrat in the White heck of a debt to have as a Nation, This is the largest deficit in the his- House, guess what? Democrats could very unhealthy for our economy. So tory of the Republic. not pass a plan by themselves without right now we are borrowing over $400 Can the gentleman put the chart Republican input. Because do you billion. back up on ‘‘backsliding into the def- know something? When Mrs. Johnson The President’s proposal, what little icit ditch?’’ I think this is important, goes to that mailbox counting on that of it we have about the private ac- because I think that nose-dive, you can Social Security check to be there, and counts, the gentleman and I, should we see in the blue you have President when that 21-year-old young man or choose to access one of these private Bush-1. You have the green, Bill Clin- young woman that has a benefit from accounts, would take a part of the ton and the Democratic House and their father, who worked his entire life money, a percentage of the money we other body that did what it took when and was cheated on his job because the put into Social Security, the 6.2 per- the going was tough to say that we pension plan was raided and Social Se- cent we put in, and we will divert that wanted to bring about surpluses. curity was the only thing there, his over into a side account, which leaves I will tell you in this House, I believe only financial legacy is that benefit to a gaping hole for our parents and there were only five or six Republicans his child in Social Security. You can- grandparents in the Social Security that joined the Democratic majority in not play around with that. system. passing that budget that took us into a You cannot be a Democrat or Repub- So we have to borrow, if we do the surplus. One of the main themes was lican or an independent when it comes private accounts, which the President making sure that we could provide and down to that. You have to be an Amer- has said he wants, $1.4 trillion, with a keep the Social Security Trust Fund in ican, and you have to come clean with ‘‘t,’’ $1.4 trillion over the next 10 years. good shape. We made the tough deci- the American people. Because everyone has thrown their sions. Back when President Reagan and There is one other thing the gen- money in these side accounts, we have this House, Democratic House, I must tleman mentioned that I think is very, to plug that hole. add, at that time, did what it took to very important and that we definitely So we do not have, as evidenced from make sure that Social Security was need to highlight and illuminate as this chart here, we do not have the there for those that are receiving much as we can. What we tell the money, because we are already bor- checks now and benefits now from So- American people is important, and I rowing $400 billion. If we were in sur- cial Security, even survivors, they did will say to the Members that are plus we would be having a different de- what they had to do. watching us now, I am not going to go bate right now, but we are not. We are Guess what? Two-thirds of the Demo- back to ancient-time double-digit borrowing $400 billion now. Then we crats in this House voted in the affirm- years. I did not have to run over to the

VerDate Aug 31 2005 06:39 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE5.REC H15FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 15, 2005 CONGRESSIONAL RECORD — HOUSE H617 Library of Congress to look this up. ber that has now come in, is $724 bil- that will bring $940 billion-plus to Wall This was just within the last 12 lion. It is continuing to inch up. Street. I am with the American fami- months. So what we are hearing now may well lies. During the Medicare debate that be the message that we are being told Mr. RYAN of Ohio. Mr. Speaker, I took place right here on this floor, by the majority in this House and by could not agree with the gentleman where the clock was held until 4 a.m. the administration over on Pennsyl- more, and I think he spoke on behalf of in the morning, arms were being twist- vania Avenue right down the street a lot of us. I have two stacks of letters ed, Members were trying to make the from this Capitol building, what we about this high over in my office from right decision but were not allowed to, want to hear, telling people over 55 seniors. We have got 2,400 as of last I must say here on this side of the they do not have anything to worry week, and I have not got the update aisle, Democrats stood firm, because about. Do not worry. You can go to yet this week, but 2,400 letters from the Medicare prescription drug plan sleep. It is those folks 50 and below seniors in my district saying that they was important to those that put it on that may have some concerns as it re- are against this proposal. They do not the line for this country and allowed lates to privatization accounts and cut- want their benefits cut, and one phone you and me to have an America that ting benefits. call that says, support the President we can be part of and represent. But, you know something, this is and the President’s private accounts. America and we should not and we will But what has been amazing is on sev- b 2030 not as far as we are Members here, and eral of the letters of those 2,400 that During the Medicare debate, the I stand firmly with our Democratic have come in, the senior citizens will other side, the majority side, the Re- leader, the gentlewoman from Cali- write a little note on there, and just publican side, said that the true costs fornia (Ms. PELOSI), and not budging typical of our grandparents’ genera- of the Medicare prescription drug plan, and saying we are not playing tion, they say, I am not worried about what the administration said and the generational warfare. One thing about my benefits, but please fight to make majority embraced, that the bill would grandparents I can tell you, I have sure that my grandkids will have So- only cost $350 billion. I remember that learned a lot about them and I have cial Security when they get older. just as clear as my daughter going to children and all, they will turn on you Now, is that not typical of that gen- school for the first day. I can remem- when it comes down to those kids. But eration, of the Greatest Generation ber that number because it was a num- they will not turn on the financial fu- who made sacrifice after sacrifice after ber that was highly suspect because ture of their grandchildren and chil- sacrifice until this day to not worry there was just no way in the world that dren’s retirement. They will not. And about Social Security for them but you can satisfy pharmaceutical compa- this administration and the majority is worried about it for their grand- nies and provide a benefit to the Amer- going to be up for a rude awakening children? ican people. when it comes to judgment time in 2006 Mr. MEEK of Florida. Mr. Speaker, I Now, that is what makes me very if they continue to play around with will tell the gentleman, those are the concerned about this Social Security the Social Security and the security of kinds of values that we talk about as it plan or, I’m sorry, not plan, but con- American families and their retire- relates to our communities and our cept, that folks are talking about ment. neighborhoods and our families. That around here on the majority side, say- So I do not think that we are wasting is what it is all about. Those are true ing that there is a 3-alarm fire. our time, not a bit, by coming to the American family values. We were originally told $350 billion. floor on a 30-something Working Group Like I said, I have kids and I watch Then it slowly moved up after someone to say not only are we speaking and grandma. They push me aside and say, got fired in one of the budget offices giving some voice that people care I am on their side, and say, we are and said, well, I do not know. This fell about, and I know the gentleman has against you; and they spoil them and behind the copier. We did not nec- some e-mails that he will read later on. then they say, now you take them essarily get this page. There is a page This is serious business. home. But as it relates to the financial 3 to the 3-page document or 2-page doc- One other thing. I flew back to my viability of the bloodline of the family, uments that you received. It slowly district. When you go back to your dis- grandparents and even parents, they do moved up to $400 billion. That is a lot trict and you see your constituents and not say, I have mine, get yours, son. I of money, $400 billion. they say, please do not allow the Con- am 56; you are 30. Good luck. They do Then sure enough after the debate, gress or the administration to cut my not say, well, I have all my benefits, we returned back here after the cam- benefits I worked for for my entire life. but I do not know about yours. paign and the signs went down, and We have watched veterans go through And guess what, I want to make sure then someone lo and behold said, you it. We have watched the copayments go that people understand because some- know, the true cost, the really true up for veterans. Guess what? At the VA times, yes, the campaign is over; but in cost of the prescription drug plan that they do not ask you your party affili- our democracy, there will be other was put forth by the administration, it ation. They just tell you that your co- elections. And people need to take into started off at $350 billion. This is real payment has gone up and that your account that sometimes, not from money. This is not chump change. It wait time has gone up to see the oph- what you receive in the mail, not the started off at $350 billion. The true cost thalmologist or whomever you may phone call which you receive, not is $530 billion. It stops there. What are want to see at the VA. someone coming to tell you where you we going to hear in another couple But when you come down to 48 mil- should stand on a particular candidate months? $700 billion? lion Americans that what they were because he is our guy or our gal. It is Like my mother used to say, money told and promised what would be at the what that individual has done or what does not grow on trees. The gentleman end of the rainbow as it relates to their that individual will do as an elected just mentioned China. I am not upset hard work over the years and that peo- Member of this Congress as it relates with China for making an investment ple who have died, have passed on, gone to what is happening in my family eco- in our country; but, you know some- on to heaven, knowing that their chil- nomically. thing, I have a problem if they ask to dren will receive their death benefits, I have to make sure that my daugh- cash in, because we will be in trouble. we cannot break that deal. And we can- ter, if someone is receiving benefits They are backed by U.S. bonds and not sit idly by and watch them broken. now and they are called to glory, they what-have-you; but we are going to go I want to commend here in this have to make sure that their daughter through some real financial issues, and House and in the other body and those is going to be able to receive their ben- we are now. that are willing to leader up enough to efits; and Social Security is pretty So when we talk about Social Secu- tell their constituents, I am not on this much all they have. It is the guar- rity, I know the reason why, I am philosophy that the administration, antee. It is not the Enron plan. It is sorry. I stopped at $530 billion. I am the majority side, is on in this House of not some of these companies that are sorry. The true cost, since this con- saying that there is a 3-alarm fire. Now going belly up and then you see folks tinues to go up, this is the fourth num- we have to privatize Social Security crying on television saying, I paid in

VerDate Aug 31 2005 06:39 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE5.REC H15FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H618 CONGRESSIONAL RECORD — HOUSE February 15, 2005 for years and years on that pension but when I went through all these and ly, there was no place else on Earth for plan. So it is important that people un- we had a briefing today from people. someone to invest their money except derstand. Mr. MEEK of Florida. The gentleman in U.S. dollars. If you ran up a big def- I just want to say it kind of hits is sharper than he thinks. icit, it did not matter. It is not going home here in the Congress today; two Mr. RYAN of Ohio. I spoke with some to stop someone from coming in here of our colleagues said that they went people today who study this and under- and saying, well, if you are the Chi- to school on the survivor benefits. The stand this system, and after hearing all nese, as my colleague so aptly put, if gentleman from North Dakota (Mr. the facts and after studying this for we are the Saudis or Egyptians, if we POMEROY) and the gentleman from Mis- the past few months of what the Presi- want to put our money someplace safe, sissippi (Mr. THOMPSON), who is the dent’s proposal is or what little of it we have to buy Treasury bills and in- ranking member on the Select Com- that we know about, we need to make vest in the economy, we have no other mittee on Homeland Security. They sure that we save this system and pro- choice. What choice do we have? There talked about growing up where they tect this system. That is really what is no other economy in the world that lived and if it was not for Social Secu- we need to do. can sustain it. rity, they would not have been edu- What an honor it is for us to be Well, for the first time the Euro has cated. And there are stories like that joined here by a great friend, great ath- now become a reserve currency of the throughout America. We talked about lete, great baseball player on the con- world that is competing with us. So a few of those last week, and we will gressional Democratic baseball team, what does this mean to the average continue to talk about those stories. the gentleman from New York (Mr. New Yorker, the average person who We are here to say if we want to WEINER). lives in Ohio or Florida? make sure that Social Security is sol- Mr. WEINER. Mr. Speaker, I appre- What it means is that we, the Fed- vent beyond the 47 years, it is going to ciate the opportunity to speak tonight. eral Government, are going to have to be able to provide 100 percent benefits I consider myself an honorary member compete with Europe in terms of who that it is providing now, then let us of the 30-something Group now that I is going to have the higher interest have bipartisanship. have passed 40. I am here strictly as a rate. What does that mean? That The gentleman from New York (Mr. visitor. But I was taken by some of the means that not only are T-bills going RANGEL), the ranking member, said discussion that was going on here on to be higher, your interest rates on our this past week on one of the Sunday the floor, and I want to make one phil- credit cards is going to be higher. Your shows that Social Security screams of osophical point and one economic point interest on your bank loans is going to bipartisanship and that it demands bi- to essentially affirm some of the things be higher. Your interest rate on your partisan input, and that is what we that the gentlemen were saying. mortgage is going to be higher. If you have to have. It cannot be Democrats First of all, there is a great deal of think this only matters to you, you are against Republicans or Republicans discussion inherent in the President’s 30 years from retiring or getting a So- against Democrats because, guess debates that seeks to drive a wedge be- cial Security check today, you are what, the majority in this House right tween two generations. The beauty of completely wrong. now as it stands and as it has been for the Social Security program is it was a If we keep going on this path, what double-digit years, 10 years or so, set classic generational compact. One gen- we are going to be doing is essentially the agenda, set what comes to the eration supports the other. And the competing with ourselves for interest, floor, talks about what legislation will President when he embarked on his and it is going to wind up costing aver- move and what legislation will not campaign across the country kept say- age Americans hundreds and hundred move. It sets the agenda on what ing, well, seniors, you do not need to of dollars each month on their dollars. amendments will come to the floor. It worry about this. We are not touching If we have one good thing going for us sets who the committee chairpersons your benefits. This is entirely about in the last couple of years, it is low in- will be. It sets pretty much when we the next generations. terest rates. If it were not for low in- come to Washington and when we do terest rates driving demand for homes b 2045 not come to Washington. And if the and cars, this economy would be in a majority said, there is no session this This is the first time in my memory, worse rut than it has been in the last week of the House, then there will be and we, the three of us, have not been several years, and we are putting that no session of the House. around as long as some other Members at risk, and that is why deficits mat- So I must make sure that we remind of this august body, that you did not ter. our colleagues of the power that they hear the President seeking to unify the Deficits matter for another reason. have, the power we have to make the country around an agenda. You heard Those of us in this House, and I think right decision or the American people him trying to divide the country to the three of us are in this crowd, who will make it for them. So those are perpetuate an agenda, and I think that are true conservatives when it comes true American values that the gen- most Americans realize, whether they to money, we look at the idea of being tleman has outlined. be younger or older, that at the end of a conservative person is to say, look, I Mr. RYAN of Ohio. Mr. Speaker, I the day the Social Security program derive certain debts, I rack up certain thank the gentleman. Just to follow has worked exactly as it was intended debts, whether I borrow money or I up, the number of people, Social Secu- since the moment it was passed. spend freely, it is my obligation to be rity beneficiaries, 15 million of the 48 Sometimes you build up large sur- responsible for those things. Anyone million recipients, 30 percent receive pluses and you spend them down as the who sits in this Chamber, who cam- disability or survivor benefits. We all next generation retires. Sometimes paigns as a fiscal conservative, who grew up with kids in our schools that you have gifts, sometimes you have supports the continuation of that chart one of their parents got killed or one of ebbs and flows, and there has been in- that is to your right is simply not a their parents had cancer and passed herent in this debate a certain sense of conservative. You cannot legitimately away at a very early age. Those kids, it is about me now, rather than the make that claim. our friends, received benefits from the idea that we are going to be there for I believe that in the years that you Social Security system. This is a social the next generation the same way they refer to when Tip O’Neill and Ronald insurance program. This is not the were there for us. Reagan got together and did things, mega-millions lottery system, If I could just make an economic frankly sometimes did a half-a-loaf multistate lottery system. This is a so- point based on the charts that you thing that neither side was completely cial safety net, and you do not play have been showing, some people say happy about, the one thing they did games with this kind of system. and even some economists say, well, have was this intellectual consistency You do what you did and what we did deficits really do not matter. There are about saying if we are going to spend in 1983: in a bipartisan fashion sit down a lot of people in this matter who are it, we are going to pay for it; if we are like adults and fix the problem and not in the deficits-do-not-matter school. going to augment the Department of try to destroy the system. I mean, I am Well, that may have been true in the Defense, we are going to do the best we not the sharpest knife in the drawer, 1940s and 1950s and 1960s because, frank- can to pay for it.

VerDate Aug 31 2005 06:39 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE5.REC H15FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 15, 2005 CONGRESSIONAL RECORD — HOUSE H619 We even reached a moment in this Our colleagues, some that put it on So the idea that somehow we get House when our deficits were at the the line literally for us to go up to the some value by doing this, I defy my paltry amount of $250- or $260 billion, 236, it was a price to pay. colleagues on the other side of the aisle where we said we are going to pass laws Mr. RYAN of Ohio. Mr. Speaker, if that if you want to pay for homeland to restrict ourselves. The Gramm-Rud- the gentleman will yield, I am sorry to security, which I do, if you want to pay man-Hollings Act said you cannot interrupt. I just want to make this for national defense, which I do, and if spend a single dime unless you pay as point. you want to pay for farm subsidies, as you go. A lot of people said it was real- As we run these deficits, as the gen- many of you do, we do not actually ly bad because it hurt some programs tleman from New York just stated, it is have farms in Brooklyn, but then you more than others, but at least it was not free. We are borrowing, money and cannot do any of those things if you an acknowledgment in this House, an we have got to pay interest on it. The are paying that much in interest. acknowledgment that the government interest payments and the money that Mr. RYAN of Ohio. Mr. Speaker, the has, at the end of the day, to be respon- we have got to pay on our debt be- other point is, as my colleague so aptly sible for the deficit. comes a greater portion of the budget put this, the up, down and the ebb and Today, the philosophy is entirely dif- that we have every year here, and that flow of the stock market. Some of the ferent. Today, it is not our problem, is less money that we have for Pell plans that are being offered from the which brings us back to the original grants, that we have for investing in other side say no matter what your problem, that we have now started to the health and education and general savings account or your private ac- say it is all about us, it is all about welfare of our society in order to lift count, where it is, if it is down at the this moment in time, not thinking at more people up, to create taxpayers. bottom, you rode the wave and then all about the next generation, not Mr. WEINER. Mr. Speaker, if the you started losing money, like if you thinking at all about the past genera- gentleman would yield, it is national wanted to draw out your private ac- tion. That is why deficits matter. That defense and it is antiterrorism pro- count in 2001, in 2002 when your 401(k) is why the President’s plan matters to grams. It is all of the things that all of was cut in half, some of our friends on wherever you are on the demographic us fight tooth and nail for here every the other side of the aisle are saying it scale, this is an issue that matters to year. is okay, there is a guaranteed min- all Americans. I would argue that interest on the na- imum benefit for you, which sounds I want to thank the gentleman from tional debt that we are racking up good. Ohio (Mr. RYAN) because he has been every year is an expenditure that we So here is a guy who, instead of pay- out here many times talking about get no value for. It is essentially for- ing into the Social Security system, is this. People have been sending e-mails eign aid is what it really is because so paying into the private accounts, and and saying we get it. That is where much of these payments are going then when the private account goes fundamentally the President has to un- overseas because so much of our debt is belly up, the government will come derstand. This is not a matter of going held by overseas entities, but we do not back in again for the second time and out and doing a campaign swing like get anything for that. bail them out with a guaranteed ben- you mentioned. This is a matter that You cannot go back to your district efit. There are so many risky propo- fundamentally people understand it is and say now we have 20 percent of the sitions here. Mr. MEEK of Florida. Once again, our obligation, both in the Social Secu- budget is going to just make these pay- there is no plan. It is almost like say- rity system and fundamentally to our ments. ing I want to build a house but we do children, that we do not continue exac- Let us not forget something. The So- not have a blueprint, but we are going erbating that problem. cial Security program is not supposed to build it and we are going to build it Mr. MEEK of Florida. Mr. Speaker, if to be a profit retirement plan. The on philosophy and we are going to the gentleman has an issue of concern, President is absolutely right. If we in- build it on what we may put out as I just want to say that it is important vested since 1935 every dollar in the guiding principles. stock market, we would have a lot that the American people understand I do not know if you heard us a little more money in the trust fund for sure. that Social Security is not a program earlier, but at the top of this hour we for the poor. Social Security is a pro- The problem is the line would not go talked about the majority side are say- gram for everyone in America. It does like this. It would go like this. ing, well, you are saying that we need The program was intended to be fun- not matter if you started off with a to do something about Social Security, damentally an antipoverty program, a small business, a hammer and two but where is your plan? The same nails, and you became the largest busi- safety net program. It is a program thing, where is their plan? I mean, the ness in your community. If you are that is there for everyone, and also, the President came into this Chamber paying in your contributions to Social idea you are getting out a lot more there at that podium and said there Security, you are going to receive a than when you put in. The President was a state of emergency, urgency, benefit from it. says that it is a sign that the program about dealing with Social Security. What is important is that people un- is broken. No. That is the way it was This is not the Weiner-Ryan-Meek re- derstand that this is not, and when we created because we assume that from port saying that Social Security will say Social Security program, I want to generation to generation, just as your be solvent for years. They made the make sure people understand, this is generation did for us, we would be cre- tough decisions back when Reagan and for everyone. This is also dealing with ating a stronger economy with more Tip O’Neill was running this House, survivors, and so many of them are coming into the Social Security pro- this House and even the leadership in helping themselves through the con- gram. the other body. So it is important that tribution of their parents, and many of He said there are so many fewer chil- we come clean with the American peo- them are no longer with us. So this is dren supporting the parents. Yeah, but ple. the only real legacy that they have, fi- we are making a lot more. Thank good- If we can, I know that we have some nancial legacy, to be able to move on ness that economic growth continues e-mails that some folks sent to us, but their aspirations. growing which is even more prepos- we have to make sure that we are ask- One thing that I must say that we terous, that when the budget actuaries ing that the American people and also are saying on this side of the aisle, and concluded we are going to start going that Members of Congress are even I think the majority needs to take broke in the year 2042, they based it on asking some of the tough questions of some responsibility for this, too, you a presumption that for the first time the administration. mentioned how can you say you are we are going to have a 20-year-period I want to commend especially some conservative, meanwhile you are see- where we start going in the other di- of our colleagues on the other side that ing a nose-dive there at 450 with a ‘‘t’’ rection. Some optimistic projection. have said I am not comfortable with trillion, to 425 trillion, I mean down, I keep hearing about the President this guiding principle thing; I am not nose-dive. How in the world can you being the ultimate optimist. Well, not comfortable with the fact that people say that you are a conservative? Now if you believe the Social Security actu- may lose benefits or will lose benefits when we look at it, we know that. aries. under these private accounts.

VerDate Aug 31 2005 06:39 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE5.REC H15FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H620 CONGRESSIONAL RECORD — HOUSE February 15, 2005 b 2100 that is ugly. We have a budget that is That is the thing. We are borrowing And I do not believe that I can sup- coming up here that is going to slash the money from China, and we have to port it. food stamps and Medicaid and increase compete with this great rising power in Now, I hope that their back is strong, the Pell grant by $100 a year for 5 years the world. And if we do not have every because I can tell those on the major- when tuition costs have doubled. person on the field playing for us, we ity side that that is the same debate To those listening at home, I think are at a disadvantage. This is also an we had with the Medicare vote. The we need to keep our eye on a couple of economic argument, not even about gentleman from New York was here on these issues here. Social Security is compassion. Although some of us may the floor. He saw that debate. We all definitely one of them, but I think it is feel that way, this is an economic argu- have constituents, and now we are up very important we understand there is ment. If one of your parents dies pre- to 740-something billion dollars, start- this other game going on here with the maturely and society does not come in ing from 350. budget and how dangerous that may be and step in and try to help, that is one Mr. WEINER. Mr. Speaker, I tell my for the long-term consequences of the less person on our team. colleagues that the ultimate decider of country. One last one here, Mr. Speaker, from this issue is not going to be the three Mr. Speaker, I yield to the gentleman Karan who says she watched the ‘30– of us. The ultimate decider will be the from Florida. Something Dems’ last week and related Mr. MEEK of Florida. Mr. Speaker, I numbers of people sending e-mails to to a lot of the topics: taxes, deficits, want my colleague from Ohio to get to [email protected] and veterans, and said ‘‘after watching last those e-mails. I want to make sure we who contact their elected officials who week’s talk, I feel more at home with talk about if someone starts in a com- say, before you go anywhere on this, the Democrats and would love to know pany with a hammer and two nails, and you should all understand there are more about how to become involved.’’ then works for that company, not own some issues that still unify a country So we are getting people engaged in that company, but that paid into So- that is 50–50, and Social Security is one the process. cial Security, and maybe became the Mr. WEINER. And let me just reit- of them. foreman or forewoman or whatever it The endearing beauty of the Social erate, Mr. Speaker, and perhaps I have may be, the supervisor, that that indi- Security system is that across demo- a less cynical perspective than my col- vidual is counting on one thing. They graphic lines, across political lines in league does. may not be able to count on the com- all parts of this country, just about I think something good is coming out pany pension plan, but they can count every American has a story within of this in that our generation is re- on Social Security being there for their family about how the Social Se- membering again that there was a time them. Democrat, Republican, Inde- curity has worked for them. Now, some in this country, in the early to mid- pendent, Green Party, what have you, 1930s, where we had a poverty rate of our colleagues on the other side of it is there. And that is what it is in- the aisle are famous for standing up in among seniors that was approaching 40 tended for. percent; that we had just come through March against something and then If my colleague from Ohio could, so the tremors of the Great Depression meekly, no pun intended, in June, vot- we can let some of the folks know that that had left, frankly, our economy in ing for it. We saw that with the Med- our e-mails, of course we cannot bring a shambles, and there were certain icaid bill. in the reams of paper and e-mails, and things we did that made fundamental But at the end of the day, if we get a I am not being funny, I am just saying sense that have endured throughout sufficient number of calls or e-mails to that I want to commend those that time. [email protected], we have e-mailed in and voiced their opin- People sometimes do not understand are going to have the ability to say, ions. you know what, this is pure politics Mr. RYAN of Ohio. Mr. Speaker, just what the Social Security is and what it now. And if we let that voice go out to remind everyone of the e-mail real is supposed to be. But if we can start to there that this is not going to be quick: animate a discussion in this country touched, we will eventually win enough [email protected]. among people of all generations about of them. And we will do this the old- Send us your thoughts on this. why this is important and why we fashioned way. We have a couple here: one from a should not be so sanguine about the There will be a core on the other side Harvey Johnson from Baltimore, who idea that we are paying for a lot of this of the aisle that says we are unpre- says the ‘‘issue of privatization of So- by borrowing out of Social Security pared. Now, admittedly, their ances- cial Security hits home with my mom, today. If the President was so con- tors in the Republican Party did not the age of 81, recently widowed, now cerned about how solid the Social Se- cast a single vote for this in 1935 ei- lives on a total income of $1,000 a curity would be, one thing he could do ther, so I am not so sure that they have month from just Social Security. When is stop borrowing from that trust fund the ownership that we do of it. And we you factor in the cost of much-needed today. are proud this is a Democratic legacy medicine, bare essentials such as rent, So I think, frankly, having this dis- program, but it is also one that has utilities, and food, I still supplement cussion is going to turn out to be very helped millions and millions and mil- her income nearly 50 percent just to salutary if we prevail. If we do not pre- lions of Republican families in subur- make minimal ends meet. The thought vail, and if the President is successful ban areas and rural areas and every- of a drastic reduction in her benefit in pulling hundreds of millions of dol- where else. would force us to make even further lars out of the Social Security system, So the die has not been cast. This is tough decisions, including possibly the we are quite literally, our generation, ultimately going to be up to the people loss of some of her independence if she will be the one to live to regret it first. of the United States of America. And were to need to move again. Frankly, Every other generation since the 1930s, they are going to see, just like they got the more I hear of the President’s pro- our parents and grandparents, have sold a pig in a poke with the Medicare posals, the more upset I get.’’ benefited from this program, and we bill, we are not going to let that hap- That is from Harvey. are the ones that will wind up having pen with this as well. Earl watched on C–SPAN last week. to fix it. Mr. Speaker, I yield to the gentleman He wanted us to make sure to mention Mr. Speaker, so much of what we do from Ohio. that the ‘‘current system also provides around here, unfortunately, is going to Mr. RYAN of Ohio. Mr. Speaker, I disability and survivor benefits.’’ be left to others; my colleague’s young thank the gentleman. The more cyn- Earl, we did talk about that. We took child is going to be left to clean up the ical side of me, and being a 30-some- note of your e-mail here, and we did mess being created by the 107th, 108th thing I should not be cynical just yet, make sure we mentioned that here to- Congress; and it is very important that but that side of me says that this night. ‘‘If a younger worker becomes we keep doing this. whole thing may be a big side show. disabled for any reason, he or she It is also important that people con- While we are having this debate here would be guaranteed a disability ben- tinue to send their e-mails to and we are all focused on Social Secu- efit, including benefits to their depend- [email protected], be- rity, we have a budget coming up here ents.’’ cause for every letter that we get,

VerDate Aug 31 2005 06:39 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE5.REC H15FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 15, 2005 CONGRESSIONAL RECORD — HOUSE H621 there is evidence that there are 100 or nual fees are going to be increased up bers of the Congress are watching out 200 that we are not actually receiving. to $250 if they are a category seven or for our veterans, making sure our vet- One final point on this: for those of a eight veteran, then this is an issue that erans are receiving what they deserve. generation who are not yet ready to I think as much as Social Security at- We talk about silver and blue hair get Social Security, this is an eco- tacks some of the fundamental con- once again, but there are a number of nomic issue for you today, but it is cepts and promises of this country. veterans that were in the first Gulf also an economic issue for you tomor- Is there anything more despicable War, in Korea, even some in Grenada, row. Just the same way you would be than to go out and tell a veteran who definitely in Vietnam and World War smart in investing in your 401(k), we has left a limb somewhere across the II, and other conflicts that we have should be smart about legislating. world that somehow he is not going to been involved in over the years; and it Mr. MEEK of Florida. Mr. Speaker, I be able to get the kind of benefits he is important they receive the care they thank my colleagues for their time and was promised? That is what is hap- need not only at our veterans hospitals for being allowed to address the Amer- pening with the irresponsibility of the but also because these veterans were ican people. budgeteering that is going on in the told when they signed up and they f United States Congress today. went into harm’s way on behalf of this We showed the deficits: $450 billion. country, on the philosophy of our lead- IRAQ WATCH We are out borrowing money, paying ership and this Congress, that we would The SPEAKER pro tempore (Mr. interest on it, and eating up a bigger provide those kind of benefits. CONAWAY). Under the Speaker’s an- share of the budget in years to come. That is the reason why in the Presi- nounced policy of January 4, 2005, the And we are not challenging the top 1 dent’s budget, as we heard in the last gentleman from Ohio (Mr. RYAN) is rec- percent, or people making $1 million a hour where we said how can we talk ognized for 60 minutes. year or more to somehow pay their fair about Social Security and not talk Mr. RYAN of Ohio. Mr. Speaker, we share, to say they do not have to on about the budget, that it is important are moving swiftly into the Iraq Watch the backs of the veterans. that we realize that this budget is de- time, and many other Members will be And no one can squirm out of this plorable as it relates to keeping our down here shortly to talk about a cou- one. This is one you just cannot get promise to our veterans and to our ple of different issues, one would be the away from. You can maybe talk pri- young veterans. We have a lot of young issue of Iraq that has been going on for vate accounts will yield more interest veterans out there that are trying to some time in a working group here. and at least get people thinking, but raise families and dealing with real Congress has been talking about this how can you not ask people who ben- issues. Some are on 50 percent benefits, issue over and over and trying to bring efit the most from the capitalistic sys- some are on 100 percent benefits be- some awareness and some clarity to tem to pay and meet their obligation cause they laid it down for this coun- many of the people of this country who to the rest of society? Because if it try, Democrats and Republicans. are very concerned with what is going were not for those people, if it were not b 2115 on in Iraq. I would also like to, since for the veterans of the United States we claimed the time here, I would also military, there would be no capitalistic I will tell you once again, when you like to talk a little bit about the vet- system for anyone else to make money see the land of milk and honey, when it erans and a little bit about what is off of. That is the fundamental comes down to the top 1 percent and going on here with the budget. premise. So we need to make sure that what they get and the promise that is As we just talked about, and as the we find the resources in the Congress kept to them by this administration gentleman from New York articulated to do it. and by the majority side, it is really and the gentleman from Florida articu- I would like to just take this oppor- night and day. If you are in the top 1 lated as well, there is some real pres- tunity to acknowledge the gentleman percent, you are in good shape right sure being put on the budget here in from New Jersey (Mr. SMITH), who was now. You are receiving every tax cut the United States Congress, and I did the Republican chairman of the Com- that you could possibly get at this par- mention it towards the end. One of the mittee on Veterans’ Affairs, who was a ticular time, and I am pretty sure programs that is going to take a real great advocate for veterans in this there are some Members of this body beating here in the 2005 budget is going country and who was removed from the that would have some other great ideas to be the issue of veterans. chairmanship of the committee be- for you. But what happens to that indi- Now, the President has made a for- cause he was too strong of an advocate vidual that works every day? What mal request of this body for another $80 because he wanted more resources put happens to that individual that puts it billion to help fund the Iraq war, and in. on the line every day? this will take the grand total over $300 I live in Ohio, and a lot of those folks We are talking about Iraq Watch, and billion that we will spend on the Iraq have moved into the State of Florida, this is the hour that usually our col- war. And that is just today. That is up south Florida, Miami, and they have leagues come to the floor to talk about to this point. This $80 billion may get some sun and fun; but there are a lot of Iraq. I just recently returned with a bi- us through the year, but some analysts veterans who have stayed in my com- partisan group going to Iraq and Af- say it may not. We are going to be over munity and who are having a lot of dif- ghanistan to visit our troops and also $300 billion in what we have spent in ficulties accessing the system. So I to visit some of the civilians that are Iraq. think it is appropriate that we are here over there. I will tell you that news re- Now, there is nobody in this Chamber following this debate, the generation ports are not even covering half of who will not support the troops, who that gave us Social Security, the gen- what is happening there. Tomorrow we need our support. Many of us have ar- eration that freed Europe, the genera- will have the opportunity on the Com- gued, and I was on the Committee on tion that saved southeast Asia in many mittee on Armed Services to hear from Veterans’ Affairs in the last Congress, ways, and who created a lot of the op- Secretary Rumsfeld. We will have an many of us argued vehemently that we portunities that we have here today opportunity to hear the administra- need to fully fund veterans health care and set us on this path of democracy tion’s vision as it relates to Iraq, and in the United States of America. If we and fiscal responsibility for years to also to talk about this budget in the are going to continue to say there are come, social justice. I think we have an Department of Defense. But it is im- other priorities in the budget, or that a opportunity to honor those folks, espe- portant that we have past statements certain amount of people who make a cially as we have more people from our and hopefully not to say that we want certain amount of money, a lot of generation coming back. to have the Secretary responding to money, the Bill Gateses of the world, Mr. Speaker, I yield to the gentleman misstatements or anything of that na- should somehow get a tax cut and that from Florida (Mr. MEEK). ture, but we want to make sure that we we should do it on the backs of the vet- Mr. MEEK of Florida. Mr. Speaker, I are giving voice to those future vet- erans of the United States of America, want to thank the gentleman from erans and we are giving voice to the and tell them their copay is going to go Ohio for his comments, and I am very troops that are over there in harm’s from $2 to $7, $7 to $15; that their an- excited about the fact that some Mem- way right now. There are individuals,

VerDate Aug 31 2005 06:39 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE5.REC H15FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H622 CONGRESSIONAL RECORD — HOUSE February 15, 2005 and God bless them, they want to do lot of money, but many of the veterans I think it is shameful, I use that word, and they are doing the right thing that who are in need of medication take 10 but it is shameful that this govern- they are being told to do. But we just or more prescriptions a month, and ment would make a decision to treat had the Iraqi elections. New elections many of these people are on fixed in- our veterans in that manner. are going to be coming up in December. comes. Many of them have fought our And now, before I yield back to my Hopefully the Iraqis will be ready or wars. In fact, you can be a combat- friend from Ohio, the Republican lead- close to being ready for taking respon- decorated veteran and you can be a pri- ership in this House has done some- sibility for their country and for the ority 8 veteran. That is the veteran thing just very recently that the Amer- security of their country. that the administration says makes ican people have a right to know about. Mr. RYAN of Ohio. Just as we are too much money to currently qualify Because over the last Congress, Demo- talking about this and all the sacrifices to participate in VA health care. Or crats and Republicans worked together that are being made over there and all you can be a priority 7 veteran, and a on the VA Committee to preserve ade- the questions that are coming up and priority 7 veteran is a veteran that has quate funding. It was not as much as I what is going on, before I yield to the a medical need but the medical need is wanted it to be, but at least it was gentleman from Ohio, there are a cou- not a direct result of the military serv- enough to maintain at least the cur- ple of statistics that I think we need to ice, and so they are charged more for rent level of services. And we did that share with the American people about the VA health care they receive. with the help of some of our Repub- the investment in our veterans, be- So the President increased the cost lican colleagues. The chairman of the cause we have to focus on the ones that of a prescription drug from $2 to $7. VA Committee in the last Congress are coming back and new veterans that Shortly after, the VA issued a new pol- really enabled us to keep VA funding are being created every day. I know the icy. It was in the form of a memo that at a level that enabled current services gentleman has been out to Walter Reed went to all the VA health care pro- to continue. That Republican Congress- and I have been out to Walter Reed sev- viders. It said basically, and I am sum- man’s name was CHRIS SMITH. He is a eral times. There is nothing more trag- marizing, but it said too many vet- Republican Congressman from the ic for any of us who serve in this body erans are coming in for service and we State of New Jersey. Many people who than to go over there and see some of cannot afford to treat all these vet- watch C–SPAN know CHRIS SMITH be- these soldiers and the sacrifices that erans and consequently there are wait- cause he frequently stands in this they have made for the country, and to ing lines; and so we are going to solve Chamber and he argues and advocates come and look at some of what is hap- this problem by rationing care to vet- for an end to abortion. I would call pening here in the Congress, where our erans, and we are going to ration care CHRIS SMITH, at least in my judgment, President’s budget for health care pro- by prohibiting our nurses and social he is the most pro-life Member of this grams provides only 106 million more workers and physicians from House. I just point that out to empha- dollars than last year, $3.5 billion less proactively informing veterans of the size that he is a true conservative. He than the veterans service organizations services they are entitled to receive is a true conservative. that come here and testify before the under the law. CHRIS SMITH had served on the Com- Committee on Veterans’ Affairs and We are talking about services that mittee on Veterans’ Affairs for 24 meet here say they need. The veterans lawfully were made available to them years, nearly a quarter of a century. He groups, the American Legion, they are by the actions of this Congress. I had been the chair of the VA Com- not going to come before Congress and thought that was egregious. I have mittee for the last 4 years. But because ask for anything more than their sol- filed suit against the Veterans’ Admin- he was an advocate for veterans, diers that they served with need. And istration in conjunction with the Viet- Speaker HASTERT and the leadership in they say they need $3.5 billion more. nam Veterans of America to try to this House decided they were going to And so when you are telling us that overturn this egregious policy. That strip him of his chair’s position. Not you are only going to increase it by suit is currently before the court. I am only did they do that, they removed $106 million in the President’s budget, hopeful the court will recognize that him from this committee that he had it is outrageous. the VA is in violation of law and will served on for 24 years, and they did I yield to the fine gentleman from force them to withdraw this onerous that in the face of opposition from 10 of Ohio whom I split Mahoning County gag order. the national veterans service organiza- with in the great State of Ohio. We see a pattern developing here. Be- tions. I am talking about the American Mr. STRICKLAND. I thank the gen- cause then the VA decided that they Legion, the Disabled American Vet- tleman from Ohio for yielding. We also were going to create a brand-new cat- erans, the Veterans of Foreign Wars, have with us tonight the gentleman egory or priority group for veterans, the AMVETS, the Vietnam Veterans, from Washington (Mr. INSLEE). There and they called that new category pri- the Paralyzed Veterans of America, the are some things that I think the Amer- ority group 8. They said, this group Noncommissioned Officers, the Jewish ican people need to understand about just simply can no longer enroll and re- War Veterans. All of these veterans or- what is happening here in Washington, ceive VA health care. And why? Well, ganizations wrote Speaker HASTERT a D.C., especially as we discuss the budg- because they make too much money, so letter, they all signed their name to et and its relevance to the veterans they should not be able to get health that letter, and they said to Speaker population. I am amazed. I am truly care. The formula that is used to deter- HASTERT, it would really be a shame amazed and puzzled. I really do not un- mine if a veteran is high income and no for CHRIS SMITH to be taken out of the derstand why the President and why longer entitled to receive VA health chair’s position and to be removed the Republican leadership in this care is based on a Housing and Urban from this committee because he has House would choose to treat veterans Development formula. been our friend. He has been an advo- with such disdain. In my district, you can make as little cate for veterans. What was Speaker Why do I say that? I will share with as $22,000 a year and the VA will con- HASTERT’s response? CHRIS SMITH was you some recent history with this ad- sider you high income and tell you that stripped of his chair’s position, re- ministration. One of the first things you can no longer receive VA health moved from the VA Committee. the President did after becoming Presi- care. Think of that. Those of us who I am asking my friend from Ohio, do dent during his first term was to in- serve in this Chamber, the American you see a pattern here? It seemed that crease the cost that a veteran pays for people have a right to know that, make time after time after time, this admin- a prescription drug from $2 a prescrip- over $150,000 a year. Maybe we can pay istration and the leadership in this tion to $7 a prescription. I introduced $7 a prescription for our prescription House of Representatives, they are tak- legislation to repeal that increase but medications if we need to. Maybe we ing steps that are harmful to veterans. unfortunately I was unable to get that can find the ability to afford the kind Mr. RYAN of Ohio. We just had an legislation passed. So now many vet- of health insurance that will take care hour where we discussed Social Secu- erans, thousands of veterans, pay $7 for of our medical needs if we need to. But rity and the private accounts, not to each prescription they get through the I submit to you that if you make get back into it, but this many Mem- VA. Seven dollars may not sound like a $22,000 a year, you are not high income. bers on the other side are willing to

VerDate Aug 31 2005 06:39 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE5.REC H15FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 15, 2005 CONGRESSIONAL RECORD — HOUSE H623 borrow $5 trillion over the next 20 tired of hearing about focusing on the the matter is this administration, and years to pay for the privatization plan. core constituency. Of course we need to it is sad to say, has not only failed to If you had come here and said, you focus on the core constituency. But give the veterans priority. They have know, we maybe need to borrow $3.5 that does not mean that we should ne- really treated them like about second- billion to fully fund veterans, I think glect other veterans as well. And that or third-class citizens. many of us on this side of the aisle is what is happening. And I hope the The administration really has de- would say, well, we think we should people in this country, especially the cided to put veterans, some of whom balance the budget, we probably think veterans and the families of veterans, have lost limbs and health and their that there is a better way of doing it, are paying attention because we are lives in Iraq, on a second or third tier but what a much better reason to go treating our veterans in a shabby man- below other folks that the administra- out and borrow money, $3.5 billion ner. tion values more highly. That is a fair- compared to $5 trillion granted, to The President’s budget that he sent ly dramatic thing to say, but let me meet the obligation that we have. us a couple of weeks ago is a shameful back up what I mean by that. I thought it would be interesting just document. It cuts back on nursing The administration has decided to to show since 2001, I have these charts home care for veterans. It is a shame- put people who earn over $400,000 a year working tonight so I am going to do ful document. And I do not want to and got about almost a third of the tax one final chart. This is the increase, hear my colleagues over there say breaks that the President handed out, funding increases since 2001. This is the these are tight budgetary times, we the President refuses to ask any of percent of increase in funding. The red just do not have the money. those folks to contribute in any way to is defense, the lavender is homeland se- We have the money, Mr. Speaker, to the Iraq war, and so basically the ad- curity, and the blue is 9/11 response, pay for what we think is important. We ministration has put veterans behind New York City, international and air- have the money for that. The fact is those folks on a lower tier. He has not line relief. This is 2004, 2003, 2002, 2001. that President Bush and this leader- just put them on a lower priority. He In 2004, 69 percent of the increase in ship do not consider America’s vet- has put them on a second-class tier, funding from this Congress went for de- erans a priority. They cannot run from but it is not just folks earning a high fense, 9 percent for homeland security, that fact. And I would just invite any income. and 12 percent for 9/11. of my Republican friends to come to The President has also put Halli- These are three priorities I think the this floor and let us discuss this open- burton on a higher tier than the vet- whole Congress could agree on. But to ly. Let us discuss the fact that Presi- erans who have actually fought the have a 70 percent increase in the mili- dent Bush is asking that our veterans wars. We have not seen this adminis- tary? You are telling me we could not pay increased costs for medications, tration really get aggressive about the find $3.5 billion that could not get to that he wants to impose a $250 annual misuse of funds in Iraq. Halliburton in order to fund some of user fee for many of our veterans to We Democrats had to hold sort of a this for our veterans? My point is that use a hospital. I think it is shameful. I rump hearing. The gentleman from this is an issue of priorities. This really think it is shameful. California (Mr. WAXMAN) and the Sen- comes down to one word, choice. Mr. RYAN of Ohio. Mr. Speaker, re- ator from North Dakota had a hearing claiming my time, I appreciate the to find out what happened to all this b 2130 comments, and I have just got to say it money that disappeared into the finan- What is the choice that this Congress is stunning. We are down here a lot and cial swamps of Iraq. wants to make? we get wrapped up and frustrated and Mr. STRICKLAND. Mr. Speaker, will Mr. STRICKLAND. Mr. Speaker, will upset about this; but I mean, when we the gentleman yield? the gentleman yield? take a step back, this is stunning what Mr. RYAN of Ohio. I yield to the gen- Mr. RYAN of Ohio. I yield to the gen- we are doing. It is absolutely stunning tleman from Ohio. tleman from Ohio. that we can somehow expect the Amer- Mr. STRICKLAND. Mr. Speaker, the Mr. STRICKLAND. Mr. Speaker, ican people and the veterans that are fact is that, as I understand it, about $9 what the gentleman says is true. There sitting at home tonight who make billion is unaccounted for. are several ways we can find the money $22,000 a year, who struggle and many Mr. INSLEE. Exactly, Mr. Speaker. to pay for veterans health care. For people in our community in northeast And if the gentleman will continue to one thing, we can cut back on these tax Ohio who have lost their steel jobs or yield, three times, three times the cuts that have gone to the richest peo- their rubber jobs and have moved into amount of money it would take to fix ple. There are people in this country the VA health, they have moved into this problem with veterans so they who have never served in the military, VA health because they do not have would not have to stand in line for 6 never put their lives on the line; and anything else. But they made the sac- months to get treatment when they yet this President, during this time of rifice. When the bell rung, they were come back from Iraq, this administra- war, has decided to give them a huge, there. tion lost three times as much money in huge tax cut, while our veterans, many Mr. STRICKLAND. Mr. Speaker, will the financial netherworld of Iraq, and of them becoming increasingly elderly the gentleman yield? they refuse to do anything about it be- and disabled, are being deprived of ade- Mr. RYAN of Ohio. I yield to the gen- cause it is embarrassing. quate health care, having to wait for tleman from Ohio. Mr. RYAN of Ohio. Mr. Speaker, re- weeks and months to get a doctor’s ap- Mr. STRICKLAND. Mr. Speaker, as I claiming my time, I would just like to pointment. That is just wrong. say, I would invite any of my Repub- say that that would not be the least So the President had a choice: tax lican friends to come down here and embarrassing thing about this war. cuts for the richest people in America challenge what we are saying because Mr. INSLEE. Mr. Speaker, let me or adequate funding for VA health what we are saying is the truth. mention maybe one of the most embar- care. He chose tax cuts for the richest Mr. INSLEE. Mr. Speaker, will the rassing things, and I read about this among us. gentleman yield? today. When I said that this adminis- There is something else I would like Mr. RYAN of Ohio. I yield to the gen- tration has put veterans on a lower tier to share with my friend from Ohio. We tleman from Washington. of value, let me tell my colleagues the are spending in Iraq today about $1.25 Mr. INSLEE. Mr. Speaker, let me add sort of icing on the cake. Today, I read billion a week. Think of that. And we just to what the gentleman from Ohio that a group of veterans from the first cannot find an additional $3.5 billion (Mr. STRICKLAND) was saying. He was Persian Gulf War who were tortured by for our veterans, all of our veterans. I asking why this administration cannot Saddam Hussein in the Abu Ghraib do not want to choose among our vet- make veterans a priority, but I would prison brought a lawsuit in the Amer- erans. I do not want to say this veteran suggest that we are not so much even ican courts against Iraq, the Iraqi Gov- is worthy and this veteran is not wor- asking the administration to recognize ernment, and they were granted a sig- thy. All of these people have served the veterans as a priority, but just asking nificant judgment, several millions of country. They are in need of help and them to give them a decent kind of reg- dollars for the abuse, and it was hor- health care, and I am getting sick and ular order priority, because the fact of rendous abuse. These were fliers who

VerDate Aug 31 2005 06:39 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE5.REC H15FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H624 CONGRESSIONAL RECORD — HOUSE February 15, 2005 went down in the first Persian Gulf the explanation is. The explanation is the first time in American history to War, were captured by Saddam’s forces, that this administration puts on a fight a war, but the only people we are and were terribly tortured; and they higher tier of value the Iraqi provi- going to ask to sacrifice are veterans. won a judgment that seemed to me to sional government in dollars than Nobody else is going to have to sac- make the right decision considering these American veterans who were tor- rifice. what they went through. They now are tured. They put them on a higher tier, Mr. STRICKLAND. And the soldiers attempting to enforce that judgment number one. Number two, the adminis- that are active duty. against Iraq and against the oil reve- tration puts Halliburton on a higher Mr. INSLEE. And the soldiers that nues that are generated in Iraq. tier than veterans because they refused are active duty. So what did the administration do? to give this $9 billion back that could Mr. STRICKLAND. And Reservists Did it come to the aid of these veterans be used to finance veterans, number and Nation Guard. who were so terribly tortured at Abu two. Number three, this administration Mr. INSLEE. And Reservists, some of whom are going to have to go back for Ghraib? No. This administration went puts people who earn over $400,000 a a second and third deployment. These to court to refuse to pay these veterans year and got a tax cut that the admin- are the only Americans that we have the judgment they had received against istration refuses to even talk about asked to suffer and sacrifice because I, the Iraqi oil field money, essentially, now, it puts them higher than the peo- as President of the United States, do which is now pouring into Iraq. ple who went to Iraq and came home not think this is worth fighting enough And the irony of this is pretty amaz- sometimes without legs. ing because our Secretary of Defense, I do not believe that is consistent to ask any other Americans to sacrifice rather than that small, less than 1⁄2 Rumsfeld, has said we are going to pay with American values on how we ought percent of the population. So as a re- damages to the Iraqis who were subject to look at respective contribution by sult, I, as President, have made a deci- to the abusive conditions in Abu Americans to our freedom, which was sion that if the veterans get in my way Ghraib by our forces. The same defense the ultimate contribution of these vet- by needing health care or if the vet- Secretary who said we ought to pay the erans. But it shows a skewed value erans get in my way by having a judg- Iraqis who were abused in Abu Ghraib, judgment by the administration. That ment because they got tortured by unfortunately, in our situation, in our explains why this administration takes Saddam Hussein and if they get in my custody, now steps in and refuses to the position. way because they want to get Halli- allow our Americans to get payment Mr. STRICKLAND. Mr. Speaker, if burton to pay the 9 billion bucks back when Saddam Hussein tortured them. the gentleman will continue to yield, I that was fraudulently used by at least What kind of convoluted cockamamie, think it shows a moral blindness. I somebody over in Iraq, then it is just knuckleheaded policy is that. really do. I mean, we are talking here tough. Mr. STRICKLAND. Mr. Speaker, will about decisions that are made that af- the gentleman yield? fect the lives of American soldiers, and b 2145 Mr. RYAN of Ohio. I yield to the gen- in this case soldiers who were tortured. tleman from Ohio. They are not going to get in my way, Mr. STRICKLAND. Mr. Speaker, I There is no question that they were because I as president am not going to have introduced legislation to make tortured. There is no question about touch tax cuts, I am going to do deficit this government stop what they are that. There is no question as to who spending, I am going to continue to cut doing, stop fighting these veterans, was responsible. It was the Iraqi Gov- these veterans off from getting pay- these tortured veterans. The gen- ernment under Saddam Hussein. ment, because if I get away with it, tleman explained it well, but I would Now this administration is trying to that is good enough for me. That is the like to just take a stab at it as well be- play, I think, word games because they only answer I can think of. cause what we have here is these are are saying, well, that was the govern- Mr. STRICKLAND. Mr. Speaker, if soldiers that were captured during the ment that existed under Saddam Hus- the gentleman will yield further, we first Gulf War, and they were terribly sein and now that Saddam Hussein has are standing here and talking about tortured under Saddam Hussein’s re- been removed from office, this new this, and there are probably Americans gime. This government, as my col- government is not responsible for what watching and perhaps a few listening leagues recall, had held on to billions happened under Saddam Hussein. But I to us, and what we are saying sounds of dollars that were Iraqi dollars, and would remind the gentleman from almost unbelievable. when these tortured Americans sued Washington State the money that we I understand how someone listening and won their suit, they were laying were holding on to here was money to this may be puzzled, because there is claim on those dollars that this coun- that was from the Saddam Hussein no rational explanation, as far as I am try had possession of, and this adminis- government and regime. So I would concerned. Why should this govern- tration returned that money to Iraq like to ask the President if I had a ment put a greater value on compen- and literally used the Justice Depart- chance to talk with him, I would like sating Iraqis than on compensating ment to go to court to try to set aside to say: Mr. President, why do you tortured Americans? It just does not that judgment that would compensate think Iraqis who were mistreated at make sense. And it does not fit the these soldiers. Abu Ghraib deserve to be compensated image that is usually presented to the And the gentleman from Washington with American tax dollars and at the American people by this administra- State is right. At the same time, here same time you do not believe that tion, because you hear a lot of rhetoric is Secretary Rumsfeld speaking of the American soldiers who were tortured about how much we appreciate our sol- Iraqis who were abused at Abu Ghraib when they were captured and held in diers, how much we appreciate what prison saying they are going to be com- Iraq should be compensated with Iraqi the military does for us, but the world pensated. So our Secretary of Defense dollars? That seems like a fairly now knows, and certainly most Ameri- is willing to use American dollars to straightforward question, and I just cans that have paid attention, that we compensate Iraqis who had been abused wonder how the President would an- did send our soldiers into battle with- by Americans, and at the same time swer that. out adequate body armor, and we have this government is fighting to keep our Mr. INSLEE. Mr. Speaker, will the them driving around in vehicles in Iraq American troops who were tortured in gentleman yield? that are not properly armored, and we Iraq from being compensated with Iraqi Mr. RYAN of Ohio. I yield to the gen- have people over there conducting pa- dollars. How can one explain that to tleman from Washington. trols and driving long distances and the American people? It is unbeliev- Mr. INSLEE. Mr. Speaker, I think I taking fuel from one part of Iraq to the able. know, if I can posit a hypothesis, in other part of Iraq without night vision Mr. INSLEE. Mr. Speaker, will the general how the President would an- goggles. So we know there has been gentleman yield? swer, perhaps in more diplomatic terms that kind of neglect. Mr. RYAN of Ohio. I yield to the gen- than I will offer, but I think he would But what my friend has brought to tleman from Washington. say: Mr. STRICKLAND, with all due re- our attention here tonight regarding Mr. INSLEE. Mr. Speaker, there is an spect, you just do not get it. Our ad- these tortured Americans and the ad- explanation, and it is very clear what ministration has made a decision for ministration’s fighting them through

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That was amazing. that we are having here, the discussion know how courageous these mostly They had a 58 percent or 60 percent we are having here, there is a real key young and not-so-young people are, if turnout, almost 82 percent in a lot of component, and I mentioned it earlier you look at pictures of them, they are the Shiite areas. There were people and I think it is worth reiterating: a lot of times alone. They have gone who walked through violence to get to Every major veteran’s service organi- back a lot of times to a small town and the polls. This was a lot of personal zation is against what the President are living in somebody’s basement, and courage there that we should respect in and this Congress is doing. you see them sitting on the edge of a a lot of ways. One would think we This is the most noble generation in chair with a missing limb. They are ought to honor that and send some the history of our country. They are kind of alone. There is not a big group messages to Iraq about how to run a fiscally conservative. They are Repub- around them except maybe their imme- democracy. licans and Democrats. They are frugal. diate family. They do not have a Well, look at just three examples, They saved. They never had the kind of blaring group of bugles and a press how under the leadership of the current personal debt that our Nation has corps to advocate their cause. Maybe House, what our lessons to Iraq are. today, not their generation. that is what we ought to be doing here Number one, to the Sunnis, we want They are not going to ask for money tonight, and in some small way I guess the Sunnis to come into the Iraqi gov- just to ask for it. They need it, and we are. ernment. We want the minority group they see the need with their friends, Mr. STRICKLAND. Mr. Speaker, if to participate in the government, be- within their organizations, and they the gentleman will yield further, why cause if we do not get the Sunnis in- are asking for it. If you do not believe is there not an outcry about this? I volved in the Iraqi government, this in- the gentleman from Ohio (Mr. STRICK- think one of the reasons is that the surgency is going to continue to bloom. LAND), the gentleman from Washington American people are not fully aware of So our message is to the Shiites, em- (Mr. INSLEE), the gentleman from Ohio what is happening and find it hard to brace the Sunnis. Let them come in (Mr. RYAN) or the gentleman from believe. I can understand why someone and have a voice in your government. Florida (Mr. MEEK), believe all the vet- listening to us tonight would find it Let dissent have a voice. Reach a con- erans organizations that are out there hard to believe what we have said, be- sensus through embracing the minor- sticking up for their membership. If cause it is so outrageous. ity. there is anybody you should believe, it It is outrageous. As I said a little What do they do here in the House of is them. earlier, it is contrary to the public Representatives? To their own Mem- Mr. INSLEE. Mr. Speaker, if the gen- image we get from this administration, ber, the gentleman from New Jersey tleman will yield further, I want to tip because if you listen to rhetoric com- (Mr. SMITH), who had a dissenting view- a hat to these veterans groups, who are ing from the White House and coming point, kind of the position the Sunnis really one of the least demanding from the leadership in this House here, are in as a minority, boom, off with his groups of people I have ever worked you would think that they really ap- head, silence him. Take him out of the with, considering how they have been preciate the veterans and they care for political discourse here by removing mistreated since this Iraq war started veterans and they were going to do ev- his chairmanship. That is not a good and since this administration started erything they could to care for vet- message to the Iraqis about how de- to cut health care. Incredibly, they erans. But the facts just do not match mocracy ought to run. have been respectful in bringing this to the rhetoric. Mr. STRICKLAND. Mr. Speaker, if our attention. But, frankly, if they You could also wonder why is there the gentleman will yield further, I do were yelling at the top of their lungs not an outcry from many of the Repub- not think is it is a good message to the and circling the White House with licans who I know care about veterans? rest of the Republicans who serve pitchforks and torches, I think that I have friends on that side of the aisle there. The message is if you challenge would be, frankly, understandable. that I know are veterans themselves, us, you are in trouble. So it silences I was talking to somebody the other and they deeply in their hearts care for even their own Members. It keeps them day saying if you are a World War II veterans. The gentleman from New Jer- from having the ability to speak up veteran right now and you have a sey (Mr. SMITH) was one such person and speak out. urological concern and you want to get that I mentioned, the former Chair of I have said before, we are elected to an exam, you have to wait like four the committee. But I think there is a come here to represent the people who months in the State of Washington to hesitancy to speak out, because if you vote for us and make us their rep- get in for an examination. That is just speak out and you challenge the lead- resentative. We do not come here to not right. Those lines are getting ership over there, there is a price to serve the gentleman from Illinois longer, and they will continue to get pay. (Speaker HASTERT). We do not come longer because of these cuts in the gen- The gentleman from New Jersey (Mr. here to serve the gentleman from eral VA budget. SMITH) found that out. When he spoke Texas (Mr. DELAY) or the gentlewoman The gentleman from Ohio (Mr. up for veterans, he was stripped of his from California (Ms. PELOSI). We come STRICKLAND) has talked with some elo- chairman position and he was taken off here to represent the people who send quence about raising the deductible of a committee that he had been on for us here. that individual veterans have to pay. 24 years. That is almost unbelievable. If my Republican friends do not have Now they are also trying to soak vet- Twenty-four years, a quarter of a cen- the freedom to speak up and speak out erans for $250 up front before you get tury almost, this man had served on about what they think is right for their your first dollar of health care pay- that committee. constituents without getting a com- ments, if you make the enormous sum Mr. INSLEE. Mr. Speaker, if the gen- mittee taken away from them or get- of $22,000, which puts people right up in tleman would yield, when they stripped ting a position taken away from them, the Donald Trump category, I am sure. the gentleman from New Jersey (Mr. well, then they become impotent, quite They are also cutting the general SMITH) of his chairmanship, he was sort frankly. They are not able to be a true budget, or not raising it to the level it of politically decapitated, if you will, representative. demands, for the whole hospital sys- because he had a dissenting voice in I ask this question: Where are the tem, which means these waiting lines the Republican caucus. He wanted to friends of the gentleman from New Jer- get longer, just as the number of people bring to the country’s attention the sey (Mr. SMITH)? Where are they in the who need them get larger. So it is a fact that veterans were not getting Republican caucus? I want to tell you, multiple. It is like a death by a thou- their due. That was a courageous step if that happened to my friend from sand cuts. by him. As a result, the leadership es- Washington State, if our Democratic

VerDate Aug 31 2005 06:39 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE5.REC H15FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H626 CONGRESSIONAL RECORD — HOUSE February 15, 2005 leadership did that, or if our Demo- final rule—Bovine Spongiform p.m.), the House adjourned until to- cratic leadership did that to my col- Encephalopathy; Minimal-Risk Regions and morrow, Wednesday, February 16, 2005, league from the State of Ohio, I would Importation of Commodities [Docket No. 03– at 10 a.m. be outraged, and I think Members of 080–3] (RIN: 0579–AB73) received January 4, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the f our caucus would be outraged. We Committee on Agriculture. EXECUTIVE COMMUNICATIONS, would not stand for it. ETC. But there is a silence over there that f is very, very troubling. What it means LEAVE OF ABSENCE Under clause 8 of rule XII, executive is there is one or two or three people communications were taken from the By unanimous consent, leave of ab- Speaker’s table and referred as follows: who are in charge of what happens in sence was granted to: this House, and the others go a long to 799. A communication from the President Ms. ESHOO (at the request of Ms. get along. of the United States, transmitting a request PELOSI) for today and the balance of for FY 20054 supplemental appropriations for I quoted this statement from Ben the week. ongoing military and intelligence operations Franklin before. I think it is good and Mr. STUPAK (at the request of Ms. in support of Operation Iraqi Freedom, Oper- applicable. Ben Franklin said, ‘‘If you PELOSI) for today and the balance of ation Enduring Freedom, and selected other act like sheep, the wolves will eat the week. international activities, including tsunami you.’’ I wonder if my colleagues over relief and reconstruction; (H. Doc. No. 109–9); Mr. WAMP (at the request of Mr. there are not acting like sheep? They to the Committee on Appropriations and or- DELAY) for today on account of a fam- are being awfully quiet. They let an dered to be printed. ily commitment. 800. A letter from the Chief, Regulations honored, respected, hard-working, com- Mr. MILLER of Florida (at the request and Administrative Law, USCG, Department mitted, devoted, dedicated member of of Mr. DELAY) for today on account of of Homeland Security, transmitting the De- their caucus be treated in that manner, weather-related travel delays. partment’s final rule — Drawbridge Oper- be treated in that manner, and I did ation Regulations; Corpus Christi-Port Aran- not hear any public outcry at all. None f sas Channel-Tule Lake, Corpus Christi, TX at all. SPECIAL ORDERS GRANTED [CGD08-05-009] received January 31, 2005, pur- I think it must be because of fear, be- suant to 5 U.S.C. 801(a)(1)(A); to the Com- By unanimous consent, permission to cause I know there are people over mittee on Transportation and Infrastruc- address the House, following the legis- ture. there who respected the gentleman lative program and any special orders 801. A letter from the Chief, Regulations from New Jersey (Mr. SMITH), who be- heretofore entered, was granted to: and Administrative Law, USCG, Department lieved he was right in his thinking and (The following Members (at the re- of Homeland Security, transmitting the De- in the position he was trying to take as partment’s final rule — Drawbridge Oper- quest of Ms. WOOLSEY) to revise and ex- an advocate for veterans. Yet I did not ation Regulations; Gulf Intracoastal Water- tend their remarks and include extra- hear any public outcry. way — Bayou Boeuf, Amelia, LA [CGD08-05- neous material:) I think it is a shame that this House 007] received January 31, 2005, pursuant to 5 Ms. WOOLSEY, for 5 minutes, today. would be so constrained out of fear of U.S.C. 801(a)(1)(A); to the Committee on Mr. PALLONE, for 5 minutes, today. Transportation and Infrastructure. what the leadership may do if the indi- Mr. DAVIS of Illinois, for 5 minutes, 802. A letter from the Chief, Regulations vidual members speak up and speak today. and Administrative Law, USCG, Department out. of Homeland Security, transmitting the De- Mr. BROWN of Ohio, for 5 minutes, Mr. INSLEE. If the gentleman will partment’s final rule — Drawbridge Oper- today. yield further, the President had some ation Regulations: Newtown Creek, Dutch Mr. DEFAZIO, for 5 minutes, today. eloquent language about freedom Kills, English Kills, and their tributaries, NY Mr. CUELLAR, for 5 minutes, today. around the world, which is something [CGD01-04-157] received January 31, 2005, pur- Ms. KAPTUR, for 5 minutes, today. suant to 5 U.S.C. 801(a)(1)(A); to the Com- we all aspire to. I guess we are saying Mr. EMANUEL, for 5 minutes, today. mittee on Transportation and Infrastruc- people ought to have freedom in the Mr. THOMPSON of California, for 5 ture. House of Representatives to stand up minutes, today. 803. A letter from the Chief, Regulations for veterans, and not be punished as and Administrative Law, USCG, Department Mr. CARDOZA, for 5 minutes, today. the gentleman from New Jersey (Mr. of Homeland Security, transmitting the De- Ms. JACKSON-LEE of Texas, for 5 min- SMITH) was. That is wrong, and we are partment’s final rule — Drawbridge Oper- utes, today. going to continue to be a voice for vet- ation Regulation; Houma Navigation Canal, Mr. CUMMINGS, for 5 minutes, today. Houma, LA [CGD08-05-004] (RIN: 1625-AA09) erans so this administration does not Mrs. MALONEY, for 5 minutes, today. received January 31, 2005, pursuant to 5 cut their health care. Ms. CORRINE BROWN of Florida, for 5 U.S.C. 801(a)(1)(A); to the Committee on Mr. RYAN of Ohio. Mr. Speaker, re- minutes, today. Transportation and Infrastructure. claiming my time, I would like to 804. A letter from the Chief, Regulations (The following Members (at the re- thank both gentlemen tonight and just and Administrative Law, USCG, Department quest of Mr. GINGREY) to revise and ex- say we are willing to work with the of Homeland Security, transmitting the De- tend their remarks and include extra- other side to find the $3.5 billion, partment’s final rule — Drawbridge Oper- neous material:) ation Regulation, Gulf Intracoastal Water- whether it is out of the $500 billion or Mr. PRICE of Georgia, for 5 minutes, way, Houma, LA [CGD08-05-003] (RIN: 1625- $600 billion increase to the Medicare today. AA09) received January 31, 2005, pursuant to program that we just found out about, Mr. OSBORNE, for 5 minutes, today. 5 U.S.C. 801(a)(1)(A); to the Committee on we could squeeze $3.5 billion out of Transportation and Infrastructure. Mr. ROHRABACHER, for 5 minutes, that, or whether it is asking the 805. A letter from the Chief, Regulations today. wealthiest to help. We are willing to and Administrative Law, USCG, Department Mr. BARTON of Texas, for 5 minutes, work with them and follow the vet- of Homeland Security, transmitting the De- today. partment’s final rule — Drawbridge Oper- erans organizations and do what is Mr. GUTKNECHT, for 5 minutes, today. ation Regulations: Newtown Creek, Dutch right to our veterans who made the Mr. GINGREY, for 5 minutes, today. Kills, English Kills, and their tributaries, NY sacrifices. Mr. BURTON of Indiana, for 5 minutes, [CGD01-05-004] received January 31, 2005, pur- f today and February 16 and 17. suant to 5 U.S.C. 801(a)(1)(A); to the Com- mittee on Transportation and Infrastruc- CORRECTION TO THE CONGRES- Mr. TOM DAVIS of Virginia, for 5 min- ture. SIONAL RECORD OF TUESDAY, utes, today. 806. A letter from the Chief, Regulations FEBRUARY 1, 2005 AT PAGE H280 Mr. POE, for 5 minutes, February 16. and Administrative Law, USCG, Department f of Homeland Security, transmitting the De- partment’s final rule — Safety Zone; Dela- EXECUTIVE COMMUNICATIONS, ADJOURNMENT ware River [CGD05-05-006] (RIN: 1625-AA00) ETC. Mr. RYAN of Ohio. Mr. Speaker, I received January 31, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 448. A letter from the Congressional Re- move that the House do now adjourn. Transportation and Infrastructure. view Coordinator, APHIS, Department of Ag- The motion was agreed to; accord- 807. A letter from the Chief, Regulations riculture, transmitting the Department’s ingly (at 9 o’clock and 58 minutes and Administrative Law, USCG, Department

VerDate Aug 31 2005 06:39 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE5.REC H15FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 15, 2005 CONGRESSIONAL RECORD — HOUSE H627 of Homeland Security, transmitting the De- 817. A letter from the Program Analyst, Mrs. CAPITO: Committee on Rules. House partment’s final rule — Safety Zone; St. FAA, Department of Transportation, trans- Resolution 95. Resolution providing for con- Johns River, Jacksonville, Florida [COTP mitting the Department’s final rule — Air- sideration of the bill (H.R. 310) to increase Jacksonville 04-133] (RIN: 1625-AA00) received worthiness Directives; Empresa Brasileira de the penalties for violations by television and January 31, 2005, pursuant to 5 U.S.C. Aeronautica S.A. (EMBRAER) Model EMB- radio broadcasters of the prohibitions 801(a)(1)(A); to the Committee on Transpor- 135 and -145 Series Airplanes [Docket No. against transmission of obscene, indecent, tation and Infrastructure. 2003-NM-97-AD; Amendment 39-13909; AD and profane material, and for other purposes 808. A letter from the Program Analyst, 2004-25-21] (RIN: 2120-AA64) received January (Rept. 109–6). Referred to the House Cal- FAA, Department of Transportation, trans- 31, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to endar. mitting the Department’s final rule — Modi- the Committee on Transportation and Infra- Mr. GINGREY: Committee on Rules. House fication to Class E Airspace; Mena, AR structure. Resolution 96. Resolution providing for con- [Docket No. FAA-2004-19405; Airspace Docket 818. A letter from the Program Analyst, sideration of the bill (S. 5) to amend the pro- No. 2004-ASW-14] received January 31, 2005, FAA, Department of Transportation, trans- cedures that apply to consideration of inter- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mitting the Department’s final rule — Air- state class actions to assure fairer outcomes mittee on Transportation and Infrastruc- worthiness Directives; Saab Model SAAB for class members and defendants, and for ture. 2000 Series Airplanes [Docket No. 2002-NM- other purposes (Rept. 109–7). Referred to the 809. A letter from the Program Analyst, 347-AD; Amendment 39-13908; AD 2004-25-20] House Calendar. FAA, Department of Transportation, trans- (RIN: 2120-AA64) received January 31, 2005, mitting the Department’s final rule — Estab- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- f lishment of Class E Airspace; Lexington, OR mittee on Transportation and Infrastruc- [Docket No. FAA-2003-16137; Airspace Docket ture. PUBLIC BILLS AND RESOLUTIONS 03-ANM-07] received January 31, 2005, pursu- 819. A letter from the Program Analyst, Under clause 2 of rule XII, public ant to 5 U.S.C. 801(a)(1)(A); to the Committee FAA, Department of Transportation, trans- bills and resolutions were introduced on Transportation and Infrastructure. mitting the Department’s final rule — Air- and severally referred, as follows: 810. A letter from the Program Analyst, worthiness Directives; Bombardier Model FAA, Department of Transportation, trans- CL-600-1A11 (CL-600), CL-600-2A12 (CL-601), By Mr. GORDON (for himself, Mr. CAL- mitting the Department’s final rule — Modi- CL-600-2B16 (CL-601-3A, CL-601-3R, and CL- VERT, Mr. BOEHLERT, Mr. DAVIS of fication of Class E Airspace; Cozad, NE 604) Series Airplanes [Docket No. FAA-2004- Tennessee, Mr. JENKINS, Ms. WOOL- [Docket No. FAA-2004-17422; Airspace Docket 19862; Directorate Identifier 2004-NM-228-AD; SEY, Mr. COOPER, Mr. CASE, Mr. No. 04-ACE-23] received January 31, 2005, pur- Amendment 39-13907; AD 2004-25-19] (RIN: ETHERIDGE, Mr. BAIRD, Mr. WU, Mr. suant to 5 U.S.C. 801(a)(1)(A); to the Com- 2120-AA64) received January 31, 2005, pursu- LARSEN of Washington, Mr. MATHE- mittee on Transportation and Infrastruc- ant to 5 U.S.C. 801(a)(1)(A); to the Committee SON, Mr. BOSWELL, Mr. LATHAM, Mr. ture. on Transportation and Infrastructure. COSTELLO, Mr. MCINTYRE, Mr. UDALL 811. A letter from the Program Analyst, 820. A letter from the Program Analyst, of Colorado, Mr. CRAMER, Ms. FAA, Department of Transportation, trans- FAA, Department of Transportation, trans- BORDALLO, Mr. MELANCON, Mr. AL mitting the Department’s final rule — Estab- mitting the Department’s final rule — Air- GREEN of Texas, Mr. CARNAHAN, Ms. lishment of Class E Airspace; Melbourne, AR worthiness Directives; GE Aircraft Engines EDDIE BERNICE JOHNSON of Texas, and [Docket No. FAA-2004-19406; Airspace Docket (GE) CF34-3A, CF34-3A2, CF34-1A, CD-34-3A1, Mr. SOUDER): No. 2004-ASW-15] received January 31, 2005, CF34-3B, and CF34-3B1 Series Turbofan En- H.R. 798. A bill to provide for a research pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- gines [Docket No. 2003-NE-67-AD; Amend- program for remediation of closed meth- mittee on Transportation and Infrastruc- ment 39-13914; AD 2004-26-02] (RIN: 2120-AA64) amphetamine production laboratories, and ture. received January 31, 2005, pursuant to 5 for other purposes; to the Committee on 812. A letter from the Program Analyst, U.S.C. 801(a)(1)(A); to the Committee on Science. FAA, Department of Transportation, trans- Transportation and Infrastructure. By Mrs. MALONEY (for herself, Mr. mitting the Department’s final rule — Estab- 821. A letter from the Program Analyst, SANDERS, Ms. WATSON, Ms. WATERS, lishment of Class E Airspace; Mount Vernon, FAA, Department of Transportation, trans- Mr. GEORGE MILLER of California, Mr. TX [Docket No. FAA-2004-19407; Airspace mitting the Department’s final rule — Air- ENGEL, Mr. MCDERMOTT, Mr. WEINER, Docket No. 2004-ASW-16] received January worthiness Directives; Boeing Model 747 Se- Mr. GUTIERREZ, Mr. JACKSON of Illi- 31, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to ries Airplanes [Docket No. 2001-NM-179-AD; nois, and Mr. CUMMINGS): the Committee on Transportation and Infra- Amendment 39-13911; AD 2004-25-23] (RIN: H.R. 799. A bill to amend the Expedited structure. 2120-AA64) received January 31, 2005, pursu- Funds Availability Act to redress imbalances 813. A letter from the Program Analyst, ant to 5 U.S.C. 801(a)(1)(A); to the Committee between the faster withdrawals permitted FAA, Department of Transportation, trans- on Transportation and Infrastructure. under the Check 21 Act and the slower rates mitting the Department’s final rule — Modi- 822. A letter from the Program Analyst, for crediting deposits, and for other pur- fication of Restricted Areas 5103A, 5103B, and FAA, Department of Transportation, trans- poses; to the Committee on Financial Serv- 5103C, and Revocation of Restricted Area mitting the Department’s final rule — Air- ices. 5103D; McGregor, NM [Docket No. FAA-2004- worthiness Directives; Rolls-Royce plc RB211 By Mr. STEARNS (for himself, Mr. 17773; Airspace Docket No. 04-ASW-11] (RIN: Series Turbofan Engines [Docket No. 2000- BOUCHER, Mr. SMITH of Texas, Ms. 2120-AA66) received January 31, 2005, pursu- NE-62-AD; Amendment 39-13915; AD 2004-26- HART, Mr. BARTLETT of Maryland, ant to 5 U.S.C. 801(a)(1)(A); to the Committee 03] (RIN: 2120-AA64) received January 31, Mr. BASS, Mr. ROGERS of Michigan, on Transportation and Infrastructure. 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the Mr. BLUNT, Mr. WILSON of South 814. A letter from the Program Analyst, Committee on Transportation and Infra- Carolina, Mr. PEARCE, Mr. REYNOLDS, FAA, Department of Transportation, trans- structure. Mrs. CUBIN, Mr. BRADY of Texas, Mr. mitting the Department’s final rule — Modi- 823. A letter from the Chief, Regulation fication of Class E Airspace; Scribner, NE Management, Office of Regulation Policy BOEHLERT, Mr. NUSSLE, Mr. TERRY, [Docket No. FAA-2004-19327; Airspace Docket and Management, VBA, Department of Vet- Ms. PRYCE of Ohio, Mr. BAKER, Mr. No. 04-ACE-56] received January 31, 2005, pur- erans Affairs, transmitting the Department’s BRADLEY of New Hampshire, Mr. suant to 5 U.S.C. 801(a)(1)(A); to the Com- final rule — Loan Guaranty: Implementation SIMPSON, Mr. BOEHNER, Mrs. mittee on Transportation and Infrastruc- of Public Law 107-103 (RIN: 2900-AL23) re- BLACKBURN, Mr. MCHUGH, Mr. ture. ceived January 27, 2005, pursuant to 5 U.S.C. SOUDER, Mr. WICKER, Mr. CANNON, 815. A letter from the Program Analyst, 801(a)(1)(A); to the Committee on Veterans’ Mr. BOYD, Mrs. MUSGRAVE, Mr. GAR- FAA, Department of Transportation, trans- Affairs. RETT of New Jersey, Mr. MANZULLO, mitting the Department’s final rule — Modi- 824. A letter from the Acting Chief, Publi- Mr. GINGREY, Mr. DAVIS of Kentucky, fication of Class E Airspace; Imperial, NE cations and Regulations Branch, Internal Mr. MARSHALL, Mr. BONILLA, Mr. [Docket No. FAA-2004-19329; Airspace Docket Revenue Service, transmitting the Service’s CANTOR, Mr. BACA, Mr. TANNER, Mr. No. 04-ACE-58] received January 31, 2005, pur- final rule — Income Attributable to Domes- LEWIS of Kentucky, Mr. SCOTT of suant to 5 U.S.C. 801(a)(1)(A); to the Com- tic Production Activities [Notice 2005-14] re- Georgia, Mr. MICHAUD, Mr. LARSEN of mittee on Transportation and Infrastruc- ceived January 27, 2005, pursuant to 5 U.S.C. Washington, Mr. HOLDEN, Mr. BERRY, ture. 801(a)(1)(A); to the Committee on Ways and Mr. TAYLOR of North Carolina, Mr. 816. A letter from the Program Analyst, Means. MCCRERY, Mrs. JO ANN DAVIS of Vir- FAA, Department of Transportation, trans- ginia, Mr. GARY G. MILLER of Cali- f mitting the Department’s final rule — Air- fornia, Mrs. MILLER of Michigan, Mr. worthiness Directives; Saab Model SAAB REPORTS OF COMMITTEES ON SWEENEY, Mr. PENCE, Mr. DAVIS of SF340A and SAAB 340B Series Airplanes PUBLIC BILLS AND RESOLUTIONS Tennessee, Mr. AKIN, Mr. CHOCOLA, [Docket No. 2002-NM-182-AD; Amendment 39- Mr. THOMAS, Mr. PETERSON of Min- 13882; AD 2004-24-06] (RIN: 2120-AA64) received Under clause 2 of rule XIII, reports of nesota, Mr. GILLMOR, Mr. SULLIVAN, January 31, 2005, pursuant to 5 U.S.C. committees were delivered to the Clerk Mr. STRICKLAND, Mr. FOLEY, Mr. 801(a)(1)(A); to the Committee on Transpor- for printing and reference to the proper NUNES, Mr. ROGERS of Kentucky, Mr. tation and Infrastructure. calendar, as follows: CULBERSON, Mr. OTTER, Mr. WALDEN

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of Oregon, Mr. REHBERG, Mr. Mr. MEEKS of New York, Ms. WELL, Mr. BOUCHER, Mr. BRADLEY of GOHMERT, Ms. HERSETH, Mr. GIBBONS, MILLENDER-MCDONALD, Mr. NEAL of New Hampshire, Mr. BROWN of Ohio, Mr. BURGESS, Mr. WESTMORELAND, Massachusetts, Ms. NORTON, Mr. Mr. BUTTERFIELD, Mrs. CAPPS, Mr. Mr. CARTER, Mr. SESSIONS, Mr. OWENS, Mr. PALLONE, Mr. PAYNE, Mr. CAPUANO, Mr. CARDIN, Mr. CARNAHAN, ENGLISH of Pennsylvania, Mr. RENZI, RYAN of Ohio, Mr. SANDERS, Mr. Ms. CARSON, Mr. CASE, Mrs. Mr. BONNER, Mr. KANJORSKI, Mr. SHU- SERRANO, Ms. SOLIS, Mr. STRICKLAND, CHRISTENSEN, Mr. CLAY, Mr. CLEAV- STER, Mr. GENE GREEN of Texas, Mr. Mr. STUPAK, Mr. THOMPSON of Mis- ER, Mr. COOPER, Mr. CROWLEY, Mr. PICKERING, Mr. GOODE, Mr. ROGERS of sissippi, Mr. UDALL of New Mexico, DAVIS of Alabama, Mr. DAVIS of Illi- Alabama, Mr. GORDON, Mrs. CAPITO, Mr. VAN HOLLEN, Ms. WOOLSEY, Mr. nois, Mr. DAVIS of Florida, Mrs. Mr. EVERETT, Mr. YOUNG of Alaska, WYNN, Mrs. LOWEY, Mr. REYES, Mr. DAVIS of California, Mr. DEFAZIO, Ms. Mr. TAYLOR of Mississippi, Mr. HASTINGS of Florida, Mr. GRIJALVA, DELAURO, Mr. DICKS, Mr. DOGGETT, HENSARLING, Mr. MORAN of Kansas, Mr. MORAN of Virginia, Mr. MARKEY, Mr. EMANUEL, Mr. ENGEL, Ms. ESHOO, Mr. BARRETT of South Carolina, Mr. and Mr. LIPINSKI): Mr. FARR, Mr. FILNER, Mr. FORD, Mr. RYUN of Kansas, Mr. MARCHANT, Mr. H.R. 805. A bill to amend title 38, United FRANK of Massachusetts, Mr. GOR- MACK, Mr. ADERHOLT, Mr. HEFLEY, States Code, to increase burial benefits for DON, Mr. AL GREEN of Texas, Mr. Mr. COOPER, Mr. CALVERT, Mr. veterans, and for other purposes; to the Com- GENE GREEN of Texas, Mr. GRIJALVA, HAYWORTH, Mr. FRANKS of Arizona, mittee on Veterans’ Affairs. Mr. GUTIERREZ, Ms. HARMAN, Ms. Mr. ISSA, Mr. DINGELL, Mr. By Mr. BILIRAKIS: HERSETH, Mr. HIGGINS, Mr. HINCHEY, TANCREDO, Mr. RAHALL, Mr. SIMMONS, H.R. 806. A bill to modify the provision of Mr. HONDA, Ms. HOOLEY, Mr. HOLT, Mr. MILLER of Florida, Mr. THORN- law which provides a permanent appropria- Mr. HOYER, Mr. INSLEE, Mr. ISRAEL, BERRY, Mr. POMBO, Mr. KELLER, Mr. tion for the compensation of Members of Mr. JACKSON of Illinois, Ms. JACKSON- HERGER, Mr. DOOLITTLE, Mr. Congress, and for other purposes; to the LEE of Texas, Ms. EDDIE BERNICE SCHWARZ of Michigan, and Mr. NOR- Committee on Rules, and in addition to the JOHNSON of Texas, Mr. KENNEDY of WOOD): Committee on Appropriations, for a period to Rhode Island, Ms. KILPATRICK of H.R. 800. A bill to prohibit civil liability be subsequently determined by the Speaker, Michigan, Mr. KIND, Mr. KOLBE, Mr. actions from being brought or continued in each case for consideration of such provi- LANTOS, Mr. LARSEN of Washington, against manufacturers, distributors, dealers, sions as fall within the jurisdiction of the Mr. LARSON of Connecticut, Mr. or importers of firearms or ammunition for committee concerned. LEACH, Ms. LEE, Mr. LEVIN, Mr. damages or injunctive or other relief result- By Mr. BLUMENAUER (for himself, LEWIS of Georgia, Ms. ZOE LOFGREN ing from the misuse of their products by oth- Mr. ABERCROMBIE, Ms. BALDWIN, Mr. of California, Mrs. LOWEY, Mrs. ers; to the Committee on the Judiciary. CASE, Mr. FOLEY, Mr. INSLEE, Mr. MALONEY, Mr. MARKEY, Mr. MATHE- By Mr. COOPER (for himself, Mr. MCDERMOTT, Ms. SLAUGHTER, Mr. SON, Mrs. MCCARTHY, Ms. MCCOLLUM HALL, Mrs. MCCARTHY, Mr. SNYDER, and Mr. THOMPSON of Cali- of Minnesota, Mr. MCDERMOTT, Mr. MCDERMOTT, Mr. MCNULTY, Ms. fornia): MCGOVERN, Mr. MEEHAN, Mr. MENEN- H.R. 807. A bill to amend the Internal Rev- MILLENDER-MCDONALD, Mr. PAYNE, DEZ, Mr. GEORGE MILLER of Cali- enue Code of 1986 to extend the transpor- Mr. RANGEL, Mr. SPRATT, Mr. FORD, fornia, Mr. MOORE of Kansas, Mr. tation fringe benefit to bicycle commuters; Mr. TANNER, Mr. TOWNS, Mr. WILSON MORAN of Virginia, Mr. NADLER, Mrs. to the Committee on Ways and Means. of South Carolina, Mr. OWENS, Mr. NAPOLITANO, Mr. NEAL of Massachu- By Mr. BROWN of South Carolina (for DAVIS of Tennessee, and Mr. STARK): setts, Ms. NORTON, Mr. OLVER, Mr. himself, Mr. BARTLETT of Maryland, H.R. 801. A bill to amend titles XVIII and OWENS, Mr. PALLONE, Mr. PASCRELL, Mr. BRADLEY of New Hampshire, Ms. XIX of the Social Security Act to provide for Mr. PASTOR, Mr. PAYNE, Mr. PRICE of GINNY BROWN-WAITE of Florida, Mr. coverage under the Medicare and Medicaid North Carolina, Mr. REYES, Mr. ROSS, CALVERT, Mrs. CHRISTENSEN, Mr. TOM Programs of certain screening procedures for Mr. ROTHMAN, Mr. RUPPERSBERGER, DAVIS of Virginia, Mr. EDWARDS, Mr. diabetic retinopathy, and to amend the Pub- Mr. RUSH, Mr. SABO, Ms. LINDA T. FILNER, Mr. FOLEY, Mr. GREEN of lic Health Service Act to establish pilot pro- SA´ NCHEZ of California, Ms. LORETTA Wisconsin, Mr. HOLT, Mr. JENKINS, grams to foster such screening, and for other SANCHEZ of California, Ms. Mr. JONES of North Carolina, Ms. purposes; to the Committee on Energy and SCHAKOWSKY, Mr. SCHIFF, Ms. Commerce, and in addition to the Committee KAPTUR, Ms. KILPATRICK of Michigan, SCHWARTZ of Pennsylvania, Mr. on Ways and Means, for a period to be subse- Mrs. MCCARTHY, Mr. MILLER of Flor- SHERMAN, Mr. SMITH of Washington, quently determined by the Speaker, in each ida, Mr. MORAN of Virginia, Mr. Mr. SNYDER, Ms. SOLIS, Mr. SPRATT, case for consideration of such provisions as REYES, Ms. LINDA T. SA´ NCHEZ of Cali- Mr. STRICKLAND, Mrs. TAUSCHER, Mr. fall within the jurisdiction of the committee fornia, Mr. TERRY, Mr. WOLF, and Ms. THOMPSON of Mississippi, Mr. TOWNS, concerned. WOOLSEY): Mr. VAN HOLLEN, Mr. VISCLOSKY, Ms. By Mr. DREIER (for himself, Mr. CAL- H.R. 808. A bill to amend title 10, United WATERS, Ms. WATSON, Mr. WEINER, VERT, Mr. GARY G. MILLER of Cali- States Code, to repeal the offset from sur- Mr. WEXLER, Ms. WOOLSEY, Mr. WU, fornia, Mrs. NAPOLITANO, and Mr. viving spouse annuities under the military Mr. WYNN, and Mr. DENT): BACA): Survivor Benefit Plan for amounts paid by H.R. 802. A bill to amend the Reclamation the Secretary of Veterans Affairs as depend- H.R. 810. A bill to amend the Public Health Wastewater and Groundwater Study and Fa- ency and indemnity compensation; to the Service Act to provide for human embryonic cilities Act to authorize the Secretary of the Committee on Armed Services. stem cell research; to the Committee on En- Interior to participate in the Inland Empire By Mr. CANTOR (for himself, Mr. RYAN ergy and Commerce. regional recycling project and in the of Wisconsin, Mr. ENGLISH of Penn- By Mrs. CUBIN: sylvania, Mr. REYNOLDS, Mr. Cucamonga Valley Water District recycling H.R. 811. A bill to reduce temporarily the MCCRERY, Mr. LEWIS of Kentucky, project; to the Committee on Resources. royalty required to be paid for sodium pro- Mr. HERGER, Mr. CAMP, and Mr. By Mr. ANDREWS (for himself and Mr. duced on Federal lands, and for other pur- MCCAUL of Texas): PLATTS): poses; to the Committee on Resources. H.R. 803. A bill to require entering students H.R. 809. A bill to make permanent the in- By Mr. CUMMINGS (for himself and who will reside in on-campus housing at dividual income tax rates for capital gains Mr. SOUDER): postsecondary institutions to have received and dividends; to the Committee on Ways meningococcal vaccinations; to the Com- and Means. H.R. 812. A bill to amend the Office of Na- mittee on Education and the Workforce. By Mr. CASTLE (for himself, Ms. tional Drug Control Policy Act Reauthoriza- By Mr. BAKER: DEGETTE, Mr. BASS, Mr. DINGELL, Mr. tion Act of 1998 to ensure that adequate H.R. 804. A bill to exclude from consider- FOLEY, Mr. WAXMAN, Mrs. BONO, Mr. funding is provided for certain high intensity ation as income certain payments under the STARK, Mr. TOM DAVIS of Virginia, drug trafficking areas; to the Committee on national flood insurance program; to the Mr. CUMMINGS, Mr. KIRK, Ms. Government Reform, and in addition to the Committee on Financial Services. SLAUGHTER, Mrs. KELLY, Mr. EVANS, Committee on Energy and Commerce, for a By Ms. BERKLEY (for herself, Mr. Mr. SHAYS, Mr. RANGEL, Mr. SIM- period to be subsequently determined by the BISHOP of Georgia, Mr. BOUCHER, Ms. MONS, Mr. CONYERS, Mr. BOEHLERT, Speaker, in each case for consideration of CORRINE BROWN of Florida, Ms. CAR- Mr. LANGEVIN, Mr. SCHWARZ of Michi- such provisions as fall within the jurisdic- SON, Mr. CASE, Mrs. CHRISTENSEN, Mr. gan, Mr. UDALL of Colorado, Mr. GIB- tion of the committee concerned. COSTELLO, Mr. CROWLEY, Mr. BONS, Ms. BALDWIN, Mr. GILCHREST, By Mr. EMANUEL (for himself, Mr. CUMMINGS, Mrs. DAVIS of California, Ms. PELOSI, Mr. PORTER, Mr. ABER- SNYDER, Mr. REYES, Mr. ABER- Mr. EVANS, Mr. FILNER, Mr. GORDON, CROMBIE, Mr. RAMSTAD, Mr. ACKER- CROMBIE, Mr. GUTIERREZ, Mr. HIN- Mr. GUTIERREZ, Mr. HINOJOSA, Ms. MAN, Mr. ALLEN, Mr. ANDREWS, Ms. CHEY, Mrs. MALONEY, Mr. PAYNE, Ms. JACKSON-LEE of Texas, Mr. KIND, Ms. BEAN, Mr. BECERRA, Ms. BERKLEY, WOOLSEY, Mr. BERRY, Mr. KENNEDY of LEE, Mr. LEWIS of Georgia, Ms. ZOE Mr. BERMAN, Mrs. BIGGERT, Mr. Rhode Island, Mr. ENGEL, Ms. LOFGREN of California, Mrs. MCCAR- BISHOP of Georgia, Mr. BISHOP of New DELAURO, and Mr. FRANK of Massa- THY, Mr. MCCOTTER, Mr. MCDERMOTT, York, Mr. BLUMENAUER, Mr. BOS- chusetts):

VerDate Aug 31 2005 06:39 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE5.REC H15FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 15, 2005 CONGRESSIONAL RECORD — HOUSE H629 H.R. 813. A bill to amend the Public Health and in addition to the Committees on Ways H.R. 827. A bill to amend title XVIII of the Service Act to provide for an influenza vac- and Means, and Government Reform, for a Social Security Act to provide for coverage cine awareness campaign, ensure a sufficient period to be subsequently determined by the of ultrasound screening for abdominal aortic influenza vaccine supply, and prepare for an Speaker, in each case for consideration of aneurysms under part B of the Medicare Pro- influenza pandemic or epidemic, to amend such provisions as fall within the jurisdic- gram; to the Committee on Energy and Com- the Internal Revenue Code of 1986 to encour- tion of the committee concerned. merce, and in addition to the Committee on age vaccine production capacity, and for By Mrs. JOHNSON of Connecticut (for Ways and Means, for a period to be subse- other purposes; to the Committee on Energy herself, Mr. TANNER, Mr. ENGLISH of quently determined by the Speaker, in each and Commerce, and in addition to the Com- Pennsylvania, Mrs. JONES of Ohio, case for consideration of such provisions as mittee on Ways and Means, for a period to be Mr. RAMSTAD, Ms. HART, Mr. PAUL, fall within the jurisdiction of the committee subsequently determined by the Speaker, in Mr. GORDON, Mr. SAM JOHNSON of concerned. each case for consideration of such provi- Texas, Mr. MCNULTY, Mr. JEFFERSON, By Ms. WATERS: sions as fall within the jurisdiction of the Mr. ANDREWS, Mr. SIMMONS, Mr. H.R. 828. A bill to establish the Commis- committee concerned. LARSON of Connecticut, and Mr. sion on American Jobs; to the Committee on By Mr. EVANS (for himself, Ms. JACK- LEWIS of Kentucky): Education and the Workforce. SON-LEE of Texas, Mr. CONYERS, Ms. H.R. 819. A bill to amend the Internal Rev- By Ms. WATERS: BORDALLO, Mr. MORAN of Virginia, enue Code of 1986 to encourage guaranteed H.R. 829. A bill to make certain companies and Mr. GRIJALVA): lifetime income payments from annuities that have outsourced jobs during the pre- H.R. 814. A bill to amend the Immigration and similar payments of life insurance pro- vious five years ineligible for the receipt of and Nationality Act to provide for the auto- ceeds at dates later than death by excluding Federal grants, Federal contracts, Federal matic acquisition of citizenship by certain from income a portion of such payments; to loan guarantees, and other Federal funding, individuals born in Korea, Vietnam, Laos, the Committee on Ways and Means. and for other purposes; to the Committee on Kampuchea, or Thailand; to the Committee By Mr. KING of New York (for himself, Government Reform. on the Judiciary. Ms. HARMAN, Mr. ISSA, Mr. GARRETT By Ms. WATERS: By Mr. GARRETT of New Jersey (for of New Jersey, Mr. BARTLETT of H.R. 830. A bill to limit the redistricting himself, Mr. TANCREDO, Mr. NOR- Maryland, Mrs. MCCARTHY, Ms. LINDA that States may do after an apportionment WOOD, Mr. JONES of North Carolina, T. SA´ NCHEZ of California, Mr. GENE of Representatives; to the Committee on the Mr. KING of Iowa, Mr. WELDON of GREEN of Texas, Mr. WEINER, Mr. Judiciary. Florida, Mr. CULBERSON, Mrs. JO ANN BISHOP of New York, Mr. CARDOZA, By Ms. WATERS: DAVIS of Virginia, and Mr. Mr. SERRANO, Mr. ETHERIDGE, and H.R. 831. A bill to amend title 38, United HOSTETTLER): Mr. OTTER): States Code, to increase the allowance for H.R. 815. A bill to amend section 5318 to H.R. 820. A bill to amend the Immigration burial expenses of certain veterans buried in prohibit the use of identification issued by and Nationality Act to reauthorize the State private or State-owned cemeteries; to the foreign governments, other than passports, Criminal Alien Assistance Program; to the Committee on Veterans’ Affairs. for purposes of verifying the identity of a Committee on the Judiciary. By Ms. WATERS: person who opens an account at a financial By Mr. MICHAUD (for himself and Mr. H.R. 832. A bill to amend title 10, United institution, and for other purposes; to the EVANS): States Code, to increase to $100,000 the Committee on Financial Services. H.R. 821. A bill to amend title 38, United amount payable under the Department of By Mr. GIBBONS: States Code, to extend the requirement for Defense death gratuity program and to H.R. 816. A bill to direct the Secretary of reports from the Secretary of Veterans Af- amend title 38, United States Code, to in- Agriculture to sell certain parcels of Na- fairs on the disposition of cases rec- crease to $400,000 the maximum coverage tional Forest System land in Carson City ommended to the Secretary for equitable re- under the Servicemembers’ Group Life Insur- and Douglas County, Nevada; to the Com- lief due to administrative error; to the Com- ance program; to the Committee on Armed mittee on Resources. mittee on Veterans’ Affairs. Services, and in addition to the Committee By Mr. GREEN of Wisconsin (for him- By Ms. MILLENDER-MCDONALD: on Veterans’ Affairs, for a period to be subse- self, Mr. BARTLETT of Maryland, Mr. H.R. 822. A bill to support the establish- quently determined by the Speaker, in each CHABOT, Mr. CHOCOLA, Mr. GALLEGLY, ment or expansion and operation of pro- case for consideration of such provisions as Mr. BLUMENAUER, Mr. ANDREWS, Mr. grams using a network of public and private fall within the jurisdiction of the committee CONYERS, Mr. SCOTT of Virginia, Mr. community entities to provide mentoring for concerned. PETERSON of Minnesota, Mr. KOLBE, children in foster care; to the Committee on By Mr. WEINER: Mr. MORAN of Virginia, Mr. BASS, Mr. Ways and Means, and in addition to the Com- H.R. 833. A bill to amend the Truth in SANDERS, Mrs. KELLY, Mr. OWENS, mittee on Education and the Workforce, for Lending Act to require a store in which a Mr. PLATTS, Mr. MCNULTY, Mrs. a period to be subsequently determined by consumer may apply to open a credit or JOHNSON of Connecticut, Mr. SABO, the Speaker, in each case for consideration charge card account to display a sign, at Mr. PAYNE, Mr. HONDA, Mr. BERMAN, of such provisions as fall within the jurisdic- each location where the application may be Mr. MCDERMOTT, Ms. HARMAN, Ms. tion of the committee concerned. made, containing the same information re- SLAUGHTER, Mr. VAN HOLLEN, and Ms. By Mr. RAMSTAD (for himself, Mr. quired by such Act to be prominently placed WOOLSEY): STARK, Mrs. JOHNSON of Connecticut, in a tabular format on the application; to H.R. 817. A bill to amend title 18, United Mr. KENNEDY of Rhode Island, and the Committee on Financial Services. States Code, to strengthen prohibitions Mr. CASTLE): By Mr. STRICKLAND (for himself, Mr. against animal fighting, and for other pur- H.R. 823. A bill to amend the Public Health RYAN of Ohio, Mr. HASTINGS of Flor- poses; to the Committee on the Judiciary, Service Act to establish a State family sup- ida, and Mr. LANTOS): and in addition to the Committee on Agri- port grant program to end the practice of H.R. 834. A bill to amend the Federal Elec- culture, for a period to be subsequently de- parents giving legal custody of their seri- tion Campaign Act of 1971 to prohibit certain termined by the Speaker, in each case for ously emotionally disturbed children to State election administration officials from consideration of such provisions as fall with- State agencies for the purpose of obtaining actively participating in electoral cam- in the jurisdiction of the committee con- mental health services for those children; to paigns; to the Committee on House Adminis- cerned. the Committee on Energy and Commerce. tration. By Mr. HINCHEY (for himself, Mr. By Mr. RANGEL: By Mr. STRICKLAND: ABERCROMBIE, Mr. ACKERMAN, Mr. H.R. 824. A bill to award a congressional H.R. 835. A bill to recognize the organiza- CONYERS, Mr. FARR, Mr. FILNER, Mr. gold medal to Ray Charles in recognition of tion known as the National Academies of FRANK of Massachusetts, Ms. JACK- his many contributions to the Nation; to the Practice; to the Committee on the Judiciary. SON-LEE of Texas, Mr. JEFFERSON, Committee on Financial Services. By Mr. SAM JOHNSON of Texas (for Mr. KILDEE, Mr. KUCINICH, Mr. LAN- By Mr. SAXTON: himself and Mr. REGULA): TOS, Mrs. MCCARTHY, Mr. MCNULTY, H.R. 825. A bill to require certain condi- H.J. Res. 19. A joint resolution providing Mr. GARY G. MILLER of California, tions to be met before the International for the appointment of Shirley Ann Jackson Mr. NADLER, Mr. ROYCE, Mr. SAND- Monetary Fund may sell gold; to the Com- as a citizen regent of the Board of Regents of ERS, Mr. SCHIFF, Mr. TOWNS, Mr. mittee on Financial Services. the Smithsonian Institution; to the Com- WAXMAN, Mr. WOLF, Ms. WOOLSEY, By Mr. SERRANO: mittee on House Administration. and Mr. WYNN): H.R. 826. A bill to authorize the appropria- By Mr. SAM JOHNSON of Texas (for H.R. 818. A bill to amend title XVIII of the tion of funds to be used to recruit, hire, and himself and Mr. REGULA): Social Security Act to provide for coverage train 100,000 new classroom paraprofessionals H.J. Res. 20. A joint resolution providing of qualified acupuncturist services under in order to improve educational achievement for the appointment of Robert P. Kogod as a part B of the Medicare Program, and to for children; to the Committee on Education citizen regent of the Board of Regents of the amend title 5, United States Code, to provide and the Workforce. Smithsonian Institution; to the Committee for coverage of such services under the Fed- By Mr. SHIMKUS (for himself, Mr. on House Administration. eral Employees Health Benefits Program; to GENE GREEN of Texas, and Mr. LEWIS By Mrs. CAPITO (for herself, Mr. KAN- the Committee on Energy and Commerce, of Kentucky): JORSKI, Mr. ROGERS of Kentucky, Mr.

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RANGEL, Mr. GOODE, and Mr. BROWN less such foreign judgments, laws, or pro- H.R. 63: Mr. MOORE of Kansas. of Ohio): nouncements inform an understanding of the H.R. 64: Mr. TERRY, Mr. BERRY, Mr. H. Con. Res. 61. Concurrent resolution ex- original meaning of the Constitution of the STEARNS, Mr. SCHWARZ of Michigan, Mr. pressing the sense of the Congress that a United States; to the Committee on the Ju- HEFLEY, and Mr. BOUSTANY. postage stamp should be issued honoring the diciary. H.R. 68: Mr. BILIRAKIS and Mr. RANGEL. Nation’s coal miners; to the Committee on By Mr. KILDEE (for himself, Mr. ABER- H.R. 69: Mr. SANDERS. Government Reform. CROMBIE, Mr. BROWN of Ohio, Mr. H.R. 98: Mrs. DRAKE and Mr. PLATTS. By Mr. HOLT (for himself, Mr. BROWN CASE, Mr. FILNER, Mr. POMEROY, Mr. H.R. 99: Mr. DANIEL E. LUNGREN of Cali- of South Carolina, Mr. TANNER, Mr. STUPAK, Mr. MELANCON, Mr. fornia. SERRANO, Ms. CARSON, Mr. WYNN, Mr. HASTINGS of Florida, and Mr. PETER- H.R. 134: Mr. HOLT, Ms. LEE, Mr. HINOJOSA, RANGEL, and Mr. OWENS): SON of Minnesota): Mr. MCDERMOTT, Mrs. MCCARTHY, Mr. H. Con. Res. 62. Concurrent resolution ex- H. Res. 98. A resolution expressing the DELAHUNT, Mrs. DAVIS of California, Ms. pressing support for the designation and sense of the House of Representatives with MCCOLLUM of Minnesota, Mr. ANDREWS, Mr. goals of ‘‘Hire a Veteran Week‘‘; to the Com- respect to free trade negotiations that could MENENDEZ, Ms. WATSON, Mr. GRIJALVA, Mr. mittee on Veterans’ Affairs, and in addition adversely impact the sugar industry of the BISHOP of New York, Mr. DOGGETT, and Mr. to the Committee on Armed Services, for a United States; to the Committee on Ways ALLEN. period to be subsequently determined by the and Means. H.R. 135: Mr. SESSIONS and Mr. SCOTT of Speaker, in each case for consideration of By Mr. MCCOTTER (for himself and Georgia. such provisions as fall within the jurisdic- Ms. BERKLEY): H.R. 136: Mr. EVERETT, Mr. HAYES, Mr. SAM tion of the committee concerned. H. Res. 99. A resolution expressing the con- JOHNSON of Texas, Mr. BARTLETT of Mary- By Mr. NEY (for himself, Ms. dolences of the House of Representatives to land, Mr. PITTS, Mr. WILSON of South Caro- MILLENDER-MCDONALD, Mr. CANNON, the families of the victims of the terrorist lina, Mr. BROWN of South Carolina, Mrs. JO Mr. CANTOR, Mr. LANTOS, Mr. POR- attacks in Madrid that occurred one year ANN DAVIS of Virginia, and Mr. LEWIS of TER, and Mr. LATOURETTE): ago, on March 11, 2004, and expressing deep- Kentucky. H. Con. Res. 63. Concurrent resolution per- est sympathy to the individuals injured in H.R. 213: Mr. GEORGE MILLER of California mitting the use of the rotunda of the Capitol those attacks and to the people of the King- and Ms. SLAUGHTER. for a ceremony as part of the commemora- dom of Spain; to the Committee on Inter- H.R. 239: Mr. SAM JOHNSON of Texas. tion of the days of remembrance of victims national Relations. H.R. 282: Mr. KLINE, Ms. SCHWARTZ of Penn- of the Holocaust; to the Committee on House By Mr. OXLEY: sylvania, Mr. MCCAUL of Texas, Ms. Administration. H. Res. 100. A resolution providing SCHAKOWSKY, Mr. ISSA, Mr. BONILLA, Mr. By Mr. SHAW: amounts for the expenses of the Committee STEARNS, Mr. MCNULTY, and Mr. BAKER. H. Con. Res. 64. Concurrent resolution ex- on Financial Services in the One Hundred H.R. 284: Mr. OSBORNE. pressing the sense of the Congress that there Ninth Congress; to the Committee on House H.R. 297: Mr. GEORGE MILLER of California, should be established a National Teacher Ap- Administration. Mrs. LOWEY, Mrs. MALONEY, and Mr. preciation Day; to the Committee on Gov- By Mr. SAXTON (for himself, Mr. KUCINICH. ernment Reform. WEXLER, Mr. ENGEL, Mr. CHABOT, Mr. H.R. 302: Mr. CASE and Mr. SCHIFF. By Mr. WHITFIELD (for himself, Mr. CANTOR, Ms. ROS-LEHTINEN, Mr. H.R. 303: Mr. HAYES, Mr. FOLEY, Ms. BERK- WEXLER, and Ms. GRANGER): MENENDEZ, and Mr. ACKERMAN): LEY, Mr. CHANDLER, Mr. PAUL, and Mr. FIL- H. Con. Res. 65. Concurrent resolution H. Res. 101. A resolution urging the Euro- NER. commending the Republic of Turkey for as- pean Union to add Hezbollah to the European H.R. 304: Mr. DAVIS of Florida, Mr. suming the leadership of the International Union’s wide-ranging list of terrorist organi- HOSTETTLER, Mr. BOYD, Mr. TAYLOR of Mis- Security Assistance Force in Afghanistan zations; to the Committee on International sissippi, and Ms. HARRIS. and for its ongoing contribution to the war Relations. H.R. 305: Mr. BOOZMAN, Mr. BACHUS, Mr. against terrorism; to the Committee on By Mr. THOMAS: MCCAUL of Texas, and Mr. PITTS. International Relations. H. Res. 102. A resolution providing H.R. 313: Mr. CRAMER and Mr. WAMP. By Mr. TOM DAVIS of Virginia: amounts for the expenses of the Committee H.R. 314: Mr. RAMSTAD, Mr. GILLMOR, Mr. H. Res. 92. A resolution providing amounts on Ways and Means in the One Hundred THORNBERRY, Mr. CRAMER, and Mr. TIAHRT. for the expenses of the Committee on Gov- Ninth Congress; to the Committee on House H.R. 333: Mr. PALLONE, Mr. PETERSON of ernment Reform in the One Hundred Ninth Administration. Minnesota, and Mr. BLUMENAUER. Congress; to the Committee on House Ad- By Mr. UDALL of Colorado (for himself H.R. 354: Mr. HOLDEN. LATTS INDER ministration. and Mr. BEAUPREZ): H.R. 356: Mr. P , Mr. L , Mr. By Mr. YOUNG of Alaska: H. Res. 103. A resolution recognizing the BARTLETT of Maryland, Mr. MORAN of Kan- H. Res. 93. A resolution providing amounts importance of honoring the Nation’s children sas, Mr. RAHALL, Mr. GILLMOR, and Mr. for the expenses of the Committee on Trans- and expressing the sense of the House of Rep- LATHAM. portation and Infrastructure in the One Hun- resentatives that a National Children’s Day H.R. 358: Mr. JEFFERSON, Mr. MCGOVERN, dred Ninth Congress; to the Committee on should be established; to the Committee on Mr. HOLT, Mr. SCHIFF, Mr. DAVIS of Alabama, House Administration. Education and the Workforce. Mr. CUMMINGS, Mrs. JONES of Ohio, Mr. By Mr. GOODLATTE: By Mr. COX (for himself and Mr. LEACH, Ms. BORDALLO, Mrs. CHRISTENSEN, H. Res. 94. A resolution providing amounts THOMPSON of Mississippi): Mr. BROWN of South Carolina, Mr. KILDEE, for the expenses of the Committee on Agri- H. Res. 104. A resolution providing Mr. BURTON of Indiana, Mr. MICHAUD, Mr. culture in the One Hundred Ninth Congress; amounts for the expenses of the Committee SAM JOHNSON of Texas, Mr. DINGELL, Mrs. to the Committee on House Administration. on Homeland Security in the One Hundred CAPPS, Mr. STRICKLAND, Ms. SOLIS, Mr. By Mr. FEENEY (for himself, Mr. Ninth Congress; to the Committee on House LARSON of Connecticut, Mr. ROTHMAN, Mr. GOODLATTE, Mr. DELAY, Mr. SENSEN- Administration. LEVIN, Mr. EHLERS, Mr. GEORGE MILLER of BRENNER, Mr. CHABOT, Mr. SMITH of California, Mr. WEINER, and Mr. DAVIS of Illi- Texas, Mr. CANNON, Mr. KING of Iowa, f nois. Mr. BAKER, Mr. HAYWORTH, Mr. ADDITIONAL SPONSORS H.R. 371: Mr. LANTOS and Mr. GENE GREEN CHOCOLA, Mr. JONES of North Caro- of Texas. lina, Mr. AKIN, Mr. BARTLETT of Under clause 7 of rule XII, sponsors H.R. 389: Mr. SMITH of New Jersey, Mr. Maryland, Mr. PENCE, Mr. WILSON of were added to public bills and resolu- BARTLETT of Maryland, and Mr. GUTIERREZ. South Carolina, Mr. WELDON of Flor- tions as follows: H.R. 461: Mr. DAVIS of Illinois. ida, Mr. TERRY, Mr. PICKERING, Mr. H.R. 11: Mr. BUTTERFIELD, Mr. UDALL of H.R. 500: Mr. BACHUS, Mr. KING of Iowa, Mr. GARRETT of New Jersey, Mr. PITTS, New Mexico, Mr. DAVIS of Illinois, and Mr. GUTKNECHT, and Mr. GOODLATTE. Mr. FRANKS of Arizona, Mrs. JO ANN PETERSON of Minnesota. H.R. 514: Mr. MCDERMOTT. DAVIS of Virginia, Mr. BACHUS, Mr. H.R. 16: Mr. CAMP and Mr. RANGEL. H.R. 515: Mr. POMEROY and Mr. BACA. SULLIVAN, Mr. SOUDER, Mr. BOOZMAN, H.R. 22: Mr. BAIRD and Mr. HOLT. H.R. 521: Mr. RADANOVICH, Mr. BOYD, Mr. Mr. FORTUN˜ O, Mr. CANTOR, Mr. DOO- H.R. 23: Mrs. CAPPS, Mr. PETERSON of Min- PLATTS, Mr. HINCHEY, and Ms. MOORE of Wis- LITTLE, Mr. FORBES, Mr. POE, Mr. nesota, Ms. KILPATRICK of Michigan, Mr. consin. HOSTETTLER, Mr. CARTER, Ms. GINNY JENKINS, Mr. MILLER of Florida, Ms. ESHOO, H.R. 525: Mr. EVERETT, Mr. THOMAS, Mr. BROWN-WAITE of Florida, Mr. and Mr. BISHOP of Georgia. BLACKBURN, Mr. CONAWAY, Mr. BLUNT, Mr. GALLEGLY, Mrs. MUSGRAVE, and Mr. H.R. 25: Mr. DAVIS of Kentucky. ROGERS of Alabama, and Mr. GINGREY. MACK): H.R. 29: Mr. DINGELL and Mr. DOYLE. H.R. 533: Mr. STARK, Mr. MCGOVERN, Mr. H. Res. 97. A resolution expressing the H.R. 32: Mr. MENENDEZ, Mr. GARRETT of CASE, and Ms. SOLIS. sense of the House of Representatives that New Jersey, and Mr. BROWN of Ohio. H.R. 535: Mr. EVANS, Ms. SLAUGHTER, Mr. judicial determinations regarding the mean- H.R. 40: Mr. MORAN of Virginia and Mr. KUCINICH, Mr. CONYERS, Mrs. CAPPS, and Mr. ing of the Constitution of the United States BISHOP of Georgia. COSTA. should not be based on judgments, laws, or H.R. 47: Mr. JONES of North Carolina and H.R. 554: Mr. KLINE, Mr. JINDAL, Ms. HART, pronouncements of foreign institutions un- Mr. EVERETT. Mr. EVERETT, Mr. REGULA, and Mr. CANNON.

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H.R. 556: Mr. CAMP, Ms. HARMAN, Mr. H.R. 624: Mr. MCCAUL of Texas and Mr. H.R. 791: Mr. RANGEL, Ms. SCHAKOWSKY, CAPUANO, Mr. CARDOZA, Mr. MEEKS of New FRANK of Massachusetts. Mr. LEWIS of Georgia, and Mr. MCDERMOTT. York, Ms. SLAUGHTER, Ms. SOLIS, Mr. BACA, H.R. 625: Ms. SLAUGHTER and Mr. H.R. 792: Mr. HIGGINS and Mr. LIPINSKI. and Mr. MENENDEZ. BLUMENAUER. H.J. Res. 10: Mr. CULBERSON and Mr. EVER- H.R. 557: Mr. HAYWORTH and Mr. DREIER. H.R. 652: Ms. BERKLEY, Mr. CANTOR, Mr. ETT. H.R. 558: Ms. HART and Mr. SOUDER. GERLACH, Mr. HULSHOF, and Mr. MICHAUD. H.J. Res. 18: Ms. BEAN and Mr. ISSA. H.R. 559: Mr. CUMMINGS, Mr. GEORGE MIL- H.R. 668: Ms. CARSON. H. Con. Res. 18: Mr. SCHIFF. LER of California, Mr. OWENS, and Mr. H.R. 689: Mr. SIMPSON, Mr. BLUNT, Mr. ROG- H. Con. Res. 25: Mr. MCCOTTER, Mr. MCDERMOTT. ERS of Alabama, and Mr. HERGER. FATTAH, and Mrs. MYRICK. H.R. 577: Ms. HART, Mr. FORTUN˜ O, Mr. H.R. 692: Mr. FOLEY, Mr. GRIJALVA, and Mr. H. Con. Res. 32: Mr. BURTON of Indiana, CAPUANO, and Mr. DAVIS of Illinois. LEVIN. Mrs. JO ANN DAVIS of Virginia, Mr. SCHIFF, H.R. 595: Mr. CLEAVER, Mr. PALLONE, Mr. H.R. 713: Mr. MCCAUL of Texas. and Mr. HERGER. ABERCROMBIE, Mr. RANGEL, Mr. FRANK of H.R. 728: Mrs. JO ANN DAVIS of Virginia, H. Con. Res. 38: Mr. CUMMINGS, Mr. Massachusetts, Mr. RUSH, Ms. WASSERMAN Mr. CONYERS, Mr. STUPAK, Mr. CLAY, and Mr. MCDERMOTT, and Mr. PAYNE. SCHULTZ, Mr. DAVIS of Illinois, Mr. WYNN. H. Con. Res. 45: Mr. KUHL of New York, Mr. BUTTERFIELD, and Ms. ESHOO. H.R. 748: Mr. EVERETT, Mr. MORAN of Kan- KUCINICH, Mr. WALSH, Mr. WEXLER, Mr. H.R. 596: Mr. STEARNS, Mr. EVERETT, and sas, Mr. HERGER, Mr. TAYLOR of Mississippi, PAUL, Mr. BISHOP of New York, and Mr. CON- Mr. DAVIS of Illinois. and Mr. OTTER. YERS. H.R. 602: Mr. MORAN of Virginia, Mr. LEWIS H.R. 759: Mr. OWENS, Mr. MORAN of Vir- H. Res. 22: Mr. MCCAUL of Texas. of Georgia, Ms. CARSON, Mr. SCHIFF, Mr. ginia, Ms. DEGETTE, and Mr. FILNER. H. Res. 38: Mr. FRANKS of Arizona and Mrs. GORDON, Mr. BOUCHER, Mr. LANTOS, Mr. H.R. 768: Ms. LINDA T. SA´ NCHEZ of Cali- LOWEY. CHANDLER, Mr. CLAY, Ms. ZOE LOFGREN of fornia, Mr. PRICE of North Carolina, Ms. WA- H. Res. 54: Mr. GONZALES, Mr. MCHUGH, and California, Mr. OWENS, Ms. KILPATRICK of TERS, Mr. MICHAUD, Mr. ROTHMAN, Mr. Mr. WILSON of South Carolina. Michigan, Mr. OLVER, Mr. GUTIERREZ, Mr. THOMPSON of California, and Mr. KENNEDY of H. Res. 61: Ms. WASSERMAN SCHULTZ and WEXLER, Mr. LARSON of Connecticut, Mr. Rhode Island. Mr. DAVIS of Illinois. ROGERS of Alabama, Ms. SLAUGHTER, Mrs. H.R. 771: Mr. RANGEL, Mr. COSTELLO, and H. Res. 67: Ms. ESHOO and Mr. SMITH of CAPPS, and Mr. DOYLE. Mr. LARSEN of Washington. Washington, H.R. 606: Mrs. TAUSCHER and Ms. ESHOO. H.R. 772: Mr. BISHOP of Georgia, Ms. BALD- H. Res. 70: Ms. CORRINE BROWN of Florida, H.R. 611: Mr. SIMMONS and Mr. DAVIS of Il- WIN, Mr. SERRANO, Mr. ISRAEL, Ms. NORTON, Mr. BACA, Mr. OWENS, Mr. SCOTT of Virginia, linois. Mr. PAYNE, Mr. COOPER, Mr. ETHERIDGE, Mr. Mr. GONZALEZ, Mr. ORTIZ, Mrs. CHRISTENSEN, H.R. 613: Mr. TERRY and Mr. OTTER. RYAN of Ohio, Mr. HOLDEN, Mr. RANGEL, Mr. Mr. HENSARLING, Mr. CUMMINGS, and Mr. H.R. 616: Mr. OWENS, Mr. HONDA, Mr. MCGOVERN, Mr. MCDERMOTT, Mr. OWENS, Mr. FORD. SOUDER, Mr. PETERSON of Minnesota, Mr. BERRY, Mr. TOWNS, Ms. KAPTUR, Mrs. H. Res. 84: Mr. DREIER, Mr. SHAYS, Mr. MCDERMOTT, Mr. SCHIFF and Mr. BERRY. MALONEY, Ms. LEE, Mr. SCHIFF, Mr. CONYERS, MANZULLO, Mr. EHLERS, Mr. HOEKSTRA, Mr. H.R. 623: Mr. HAYES, Mr. REHBERG, Mr. and Mr. RENZI. KENNEDY of Minnesota, and Mrs. MILLER of BACHUS, and Mr. BASS. H.R. 775: Mr. CHABOT and Mr. SOUDER. Michigan.

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Vol. 151 WASHINGTON, TUESDAY, FEBRUARY 15, 2005 No. 16 Senate The Senate met at 9:45 a.m. and was APPOINTMENT OF ACTING additional nominations that may be re- called to order by the Hon. DAVID VIT- PRESIDENT PRO TEMPORE ported by the respective committees. TER, a Senator from the State of Lou- The PRESIDING OFFICER. The We will, over the course of the day, isiana. clerk will please read a communication keep all Members notified of the sched- The PRESIDING OFFICER. Today’s to the Senate from the President pro ule as we bring these matters forward prayer will be offered by our guest tempore (Mr. STEVENS). for floor consideration. Chaplain, Pastor Aubry L. Wallace. The bill clerk read the following let- f Chaplain Wallace is from the Sheriffs’s ter: LEGISLATIVE ACCOMPLISHMENTS Department of Chilton County, AL. U.S. SENATE, AND A LOOK AHEAD PRESIDENT PRO TEMPORE, PRAYER Washington, DC, February 15, 2005. Mr. FRIST. Mr. President, I will take To the Senate: just a few moments at the beginning of The guest Chaplain offered the fol- Under the provisions of rule I, paragraph 3, today to comment on last week and a lowing prayer: of the Standing Rules of the Senate, I hereby brief look ahead. Let us pray: That Almighty God will appoint the Honorable DAVID VITTER, a Sen- Last Thursday, the Senate achieved grant to this body His concurring aid ator from the State of Louisiana, to perform its first legislative victory, a bipar- in the governing process of these the duties of the Chair. tisan victory of the 109th session. By a United States. TED STEVENS, vote of 72 to 26, the Senate passed the President pro tempore. Our Eternal Father, He who watches Class Action Fairness Act. The process over the affairs of mankind, I humbly Mr. VITTER thereupon assumed the was that we worked together across pray that Your protection and guid- Chair as Acting President pro tempore. the aisle from beginning to end. The ance be with these Senators here as- f bill was introduced with 32 cosponsors, sembled as they deliberate. Bless these 24 Republicans and 8 Democrats. It RECOGNITION OF THE MAJORITY in whose hands You have allowed the came out of the Judiciary Committee LEADER future of our beloved Nation to rest. on a strong bipartisan vote. Every vote Guide them by Your Holy Spirit. May The ACTING PRESIDENT pro tem- on every amendment was bipartisan, every decision be right and in accord- pore. The majority leader is recog- and the vote on final passage was ance with Your divine wisdom and will. nized. strongly bipartisan as well. Keep them safe from any who would f I stress the bipartisanship because in do them harm. Let no evil spirit affect the 109th Congress we have a lot to do, SCHEDULE their will to do justly, to love mercy, and it is going to demand that we con- and to walk humbly with their God. Mr. FRIST. Mr. President, the Sen- tinue to work together in that same Heavenly Father, make them aware ate will begin today with a period of spirit. I thank my colleagues on both of Your presence as they participate in morning business until 12:30. At 12:30 sides of the aisle for their fairness and this grand experiment we call human the Senate will recess until 2:15 for the cooperation. We have delivered to the government. And at the close of this weekly party luncheons. Following the American people a significant victory session may they hear from You these luncheons, we will resume debate in ex- in the battle for fairness in the courts. words: Well done, good and faithful ecutive session on the nomination of The class action bill does protect servant. Michael Chertoff to be Secretary of plaintiffs’ rights while reining in the In the Name of His Son Jesus I pray. Homeland Security. Debate is equally rampant abuse within the system Amen. divided until 4 this afternoon, with the itself. The consumer bill of rights pro- vote occurring on the confirmation of tects plaintiffs from predatory lawyers Mr. Chertoff at 4 p.m. That vote will be and guarantees that they receive just f the first vote of the day. compensation. The legislation restores Yesterday I mentioned a number of justice to our court system by ending PLEDGE OF ALLEGIANCE items that are possible over the course that practice of forum shopping, where The Honorable DAVID VITTER led the of this week. Today we will continue to we had nationwide cases that genu- Pledge of Allegiance, as follows: try to clear those bills for floor action. inely impact interstate commerce I pledge allegiance to the Flag of the They include the genetic non- being moved to the Federal courts United States of America, and to the Repub- discrimination bill, the high-risk pool where they belong. lic for which it stands, one nation under God, legislation, a Nazi war crimes bill, the It took a while to have this success indivisible, with liberty and justice for all. committee funding resolution, and any last week. Senator GRASSLEY, who was

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S1361

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VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1362 CONGRESSIONAL RECORD — SENATE February 15, 2005 the lead sponsor on the bill, has been went on to become New Jersey’s U.S. That is a statement that will change a working on this for over a decade, and attorney, where he oversaw high-pro- week from now, a month from now, a versions of this bill passed through the file and politically sensitive prosecu- year from now, as we learn more and Judiciary Committee in each of the tions in Jersey City, actually pros- more about it, but the point of this bill last two Congresses. In 2003, it came ecuting the mayor of Jersey City, is that people run the risk of losing within one vote of passage. Finally, be- Mayor Gerald McCann, New York chief their jobs or not being promoted or not cause of the continuing work of both judge Sol Wachtler, and the kidnappers being able to get an insurance policy sides of the aisle, people came together and killers of Exxon oil executive Sid- based on getting this test which could to recognize the intent was right, the ney Reso. Fearless and scrupulous as a be of so much benefit to them. We need legislation at different points could be prosecutor, he became known not only to prevent it, and we need to do it now, improved, it was improved, and then for his legal brilliance but also for his instead of waiting until it becomes a we had relatively quick passage of it. skills as a manager and leader. huge problem in the future. The House will be addressing the bill We all saw that take real meaning One study in 2003 found that 40 per- shortly. Then hopefully we can have a after 9/11. For the 20 hours after that cent of people at risk for colon cancer bill to the President of the United worst ever attack on American soil, refused to participate in a screening States to be signed into law for the Judge Chertoff was central in directing exam, many citing the fear that the re- benefit of the American people. our response. It was through his work sults might in some way cause them to Also, at the beginning of last week, as Chief of the Justice Department’s lose their health insurance. That on Monday, we passed a resolution Criminal Division that they traced the means they don’t get this test. If they commending the Iraqi people on their 9/11 killers back to al-Qaida, a central don’t get the test, they lose the poten- January 30 elections. As we saw over focus. We are indebted for all these tial benefit to their own health and the weekend, those elections were fi- things to his strong and unwavering health security in the future. The nalized and, in terms of the final re- leadership. knowledge of genetic risk has the ports, again, it is a great victory for For the next 2 years Judge Chertoff power to save lives. As we look at tests freedom and liberty throughout the was the key figure shaping our that are early, and they are just being world. It was an extraordinary event, antiterrorism policies. His experience proven—the tests for heart disease, and it was fitting that we came to- working directly with law enforce- Alzheimer’s, Parkinson’s, a host of gether on this floor to celebrate and ment, his expertise in homeland secu- other diseases—there is great hope in commend the process and the results in rity policy, and his proven ability to these genetic tests becoming a power- those elections. lead in times of national crisis make ful tool. The legislation we are consid- It was in the midst of terrorist blasts him overwhelmingly qualified to direct ering this week is intended to make and terrorist threats that 8 million our Homeland Security Department. sure genetic testing is used as a tool to Iraqi voters streamed to over 5,000 poll- He earned unanimous approval in help and not hurt. I hope we will be ing stations to express that influence, committee last week, with one member able to pass that bill so that medical that power and dignity that comes voting ‘‘present.’’ I am confident that science does deliver a meaningful solu- with voting. The various pictures that today Judge Chertoff, who has already tion and keeps America moving for- we all saw of families bringing their been confirmed by this body three ward. sons and daughters so that they could times, will receive overwhelming, I yield the floor. witness this moment in history is strong bipartisan support. He is an out- f something that captures us all. standing candidate and we all look for- As I mentioned, over the weekend the ward to working with him in his new RESERVATION OF LEADER TIME votes were tallied of the 8.5 million capacity. The ACTING PRESIDENT pro tem- Another matter of security, a dif- people voting. For the first time in dec- pore. Under the previous order, the ferent type of security, which I hope we ades the Iraqi people have been able to leader time is reserved. speak and to speak freely—and they will be addressing this week—I men- were heard, as we saw with the out- tioned it also a little earlier—is the Ge- f come. It is a transformation that is netic Nondiscrimination Act. This is MORNING BUSINESS fundamental. It is a fundamental the security of information about us The ACTING PRESIDENT pro tem- transformation of power from the peo- that can be used to give us health care pore. Under the previous order, there ple, instead of over the people. This has security. It is a bill that many of us on will now be a period for the transaction renewed a sense of momentum and op- the floor have been working on aggres- of morning business until the hour of timism and hope. sively over the last 7, 8 years. The bill, The process, as we see, continues to the Genetic Nondiscrimination Act, is 12:30 p.m. with the first 30 minutes unfold with negotiations going on as to just that. The bill is designed to pro- under the control of the Democratic who will be part of the Presidential tect Americans from having valuable leader or his designee and the next 30 Council. Again, looking from afar, genetic health information abused or minutes under the control of the ma- from where we sit it is very encour- misused by others—for example, being jority leader or his designee and the re- aging to see the various coalitions used against them to get health insur- mainder of the time equally divided be- working with each other, Shiites work- ance coverage or being used in some tween the two leaders or their des- ing with the Sunnis and working with way to discriminate against them for a ignee. other minority parties, all working to- future job. This whole field of genetic f gether to fashion this government. It is testing and genetic information has RECOGNITION OF THE ACTING an exciting time for the Iraqi people blossomed, in part because of a wonder- MINORITY LEADER and all who watch. ful public-private project that was over Jumping ahead, today we will, as I about a 10-year period called the The ACTING PRESIDENT pro tem- mentioned in my opening statement, Human Genome Project. This explosion pore. The Senator from Illinois is rec- vote on the nomination of Judge Mi- of information has introduced these ge- ognized. chael Chertoff to lead the Department netic tests that can have—and it is f of Homeland Security. We have heard early, they are early—but they do have much about the judge, both in com- the potential for having great pre- TSUNAMI ASSISTANCE—NEW mittee and then on the floor yesterday, dictive value regarding what disease or MODEL FOR DEVELOPMENT and we will over the course of today. illness you might have later in life, and Mr. DURBIN. Mr. President, pursu- He has a long and distinguished career would allow you to prevent that, to ant to that consent, I would like to be in public service and law enforcement. take preventive measures if that is the recognized to speak to an issue which In the mid-1980s he was an assistant case. the whole world has focused on over U.S. attorney alongside Rudy Giuliani. Right now, scientists tell us most the last several weeks and months. He aggressively prosecuted mob and Americans have about a half dozen po- Within a few weeks, the Senate is like- political corruption cases. He then tentially harmful genetic mutations. ly to vote to send hundreds of millions

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2005 CONGRESSIONAL RECORD — SENATE S1363 of dollars in assistance to the nations them are women. These are people who what they have been told about the that were devastated by the tsunami are part of a quiet revolution. I have United States is not true. Some who on December 26. We have seen the vid- seen it firsthand. Their lives have been want them to be terrorists and to hate eotapes. We cannot forget them. With- transformed. They have enough money the United States will have a hard time in a matter of minutes on that terrible to feed their children, to buy basic explaining how the United States came day, whole families and villages were tools, maybe to buy a goat for milk, to the assistance of these poor people swept to sea. Schools, clinics, and hos- perhaps to buy a sewing machine— after the tsunami and how we stood by pitals were destroyed. Coastal cities basic things that transform their lives. them and their children in their edu- were eliminated. What infrastructure They pay the money back. They pay cation afterwards. there was in place was wiped out. it back so others in the village can bor- It is a small thing. It is important. It We are doing the right thing to come row money, as well. The average loan helps explain who we are. Tsunami to the assistance of the victims of this for many of Dr. Yunus’s clients in Ban- scholarships are one example of how we disaster, one of the 10 most devastating gladesh is $9. With $9, many people go can make certain we do not abandon natural disasters in recent history, but from being a beggar to a the victims of this disaster after the we should not overlook the fact there businessperson. He actually decided headlines are gone. It is important we are many other challenges in this that because Bangladesh did not have a show this to the world, especially to world. Millions have died in the Congo telephone system that he would buy the Muslim world, of what the Amer- and the Sudan. Hundreds of thousands cell phones and he would loan money ican character is made. are still at risk. Preventable, treatable to people so they could purchase them. I want to give these children of Indo- diseases kill millions more every year. Go to the remote villages and there sit nesia, Thailand, Sri Lanka, India, and Someone dies of AIDS every 10 seconds 10 women holding a cell phone. With elsewhere a chance at an education in this world. Someone new is infected these cell phones, they go to their vil- that will not only transform their lives every 6 seconds. Poverty kills. Bad lages, they sell them minutes on the but allow them to go back and trans- water, hunger, poor sanitation kills; phone, and they make a living. They form their countries. they are the weapons of economic in- are the Grameen Telephone Company, The poet, Lord Byron, advised: Be justice and economic disparity. the telephone women who borrowed thou the rainbow to the storms of life. Nelson Mandela said recently: enough money to buy a cell phone and The peoples of the Indian Ocean have Like slavery and apartheid, poverty is not now make a living with that cell seem the storms. Let us be the rainbow natural. It is man-made and it can be over- phone. Incidentally, they charge their that follows. Education is the most come and eradicated by the actions of human cell phones with a solar-powered gener- valuable tool you can put in the hands beings. ator. They are thinking ahead. This of anyone, particularly a child. As the Overcoming poverty is not just a ges- type of thing is happening all over the children of the tsunami grow, let’s ture of charity; it is an act of justice. world. make sure their opportunities for edu- It is the protection of a fundamental The reason I raise it is because when cation are not constrained by misfor- human right, the right to dignity and a Dr. Yunus came to see me 2 weeks ago tune or geography. decent life. Our attention now focuses here in Washington we talked about I yield the floor and suggest the ab- on the Indian Ocean, as it should. But the tsunami. He said there is so much sence of a quorum. let’s not overlook the suffering in the that needs to be done there. They need The ACTING PRESIDENT pro tem- world. to rebuild communities. They need to pore. The clerk will call the roll. The bill clerk proceeded to call the A number of years ago I went to Ban- rebuild lives, but do not overlook the gladesh. I went there to look at food roll. fact that the ocean, as it came in, Mr. ALLARD. Mr. President, I ask programs. In the course of my visit, I swept away the schools and the teach- unanimous consent that the order for met one of the most extraordinary peo- ers with it. Now the surviving children the quorum call be rescinded. ple I ever had the pleasure to meet. His who are there are in camps trying to The ACTING PRESIDENT pro tem- name was Muhammad Yunus. Muham- survive instead of thinking about pore. Without objection, it is so or- mad Yunus, not that long ago in 1976, thriving, going to school and giving dered. was an economics professor. Having back. Mr. ALLARD. Mr. President, I under- taken a few economic courses—I re- Dr. Yunus said to me, this man who stand we are in Republican-allocated membered my professors—he would comes up with amazing, simple ideas: time on morning business. have blended in with the faculty of Senator, why don’t we create a tsu- The ACTING PRESIDENT pro tem- most universities. nami scholars program? Why aren’t we pore. The Senator is correct. He had an idea. It was an idea that focusing on these children and their f was borne out of human experience. It education? It is so simple and so obvi- involves basic economics. Dr. Yunus ous: To rebuild the schools, to bring in SUPPLEMENTAL APPROPRIATIONS thought for a moment, what if we gave trained teachers so these kids have a Mr. ALLARD. Mr. President, for the the poorest people on Earth a small chance but to take it a step beyond. last 4 years, the United States has been sum of money, what would they do What if we said across this world that locked in combat with the forces of ter- with it? Would they pay it back? They we would challenge all colleges and ror. These extremists do not under- were two very basic questions. The universities to take two students from stand freedom and are trying even to issue came up because he saw in many the tsunami area, students who would this very day to spread their message of the poorest villages of Bangladesh qualify to come to school, but to give of hate and oppression. America did people who were being exploited by these kids a chance at an education so not fire the first shot. Those killed on those who would lend them money and they could go home and rebuild those September 11 were innocent and did charge them outrageous interest rates. villages and rebuild those nations? not deserve to die. They should be with He started something called Grameen Another challenge from Dr. Yunus, us today. The forces of terror remain Bank, which means the people’s bank very basic, from a man who under- determined to defeat our Nation. They in their local language in 1976. The con- stands poverty at the most basic level. believe the United States will abandon cept behind it was to give a very small We are working on that now. We think Iraq and Afghanistan. They question loan to people who were very poor. we can put together a proposal that the our will to fight. They doubt our cour- Now, 29 years later, as I stand in the United States can help to lead the age and our fortitude. They are wrong. Senate, Dr. Yunus’s theory of micro- world into considering. Our Nation has stepped up to fight credit and the Grameen Bank grew The devastation of the tsunami took and has never looked back. Under from a class project to a world-wide only a few minutes. It will take years President Bush’s leadership, our coun- phenomenon. Today, there are 80 mil- to overcome. If we do the right things, try has taken the battle to the enemy. lion families in the world who are bene- we can rebuild those societies in the As the President said in his State of fiting from Dr. Yunus’s concept of right way. The people living there are the Union Address: microcredit. We estimate some 400 mil- going to know a lot about us in the Our country is still the target of terrorists lion people will benefit; 98 percent of process. They will know that some of who want to kill many and intimidate us all,

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1364 CONGRESSIONAL RECORD — SENATE February 15, 2005 and we will stay on the offensive against their loved ones overseas. They have in making a multifaceted operation them until the fight is won. done this and have done it with pride. like this possible. In less than 3 months after Sep- Organizations such as Colorado’s Of course, our service members per- tember 11, United States and Afghan Home Front Heroes have also stepped form their military responsibilities forces toppled the Taliban regime, a up and supported our troops. Home with pride, with diligence, and with brutal theocracy shielding al-Qaida and Front Heroes has provided family sup- professionalism. But many of them other terrorists. A year after Sep- port when none was available and sent also work hand to hand with the Iraqis tember 11, the President challenged the thousands of care packages to our sol- every day trying to bridge the gaps in United Nations to confront another diers deployed overseas. The organiza- language, culture, and community, to protector of terror, Saddam Hussein. tion led the drive to get the State of forge a common bond cemented by This cruel dictator threatened his Colorado to designate March 29 Sup- freedom. In doing so, our men and neighbors, his people, and our country port Our Troops Day. And in one case, women in uniform represent all that is with his support for terror and his pur- Home Front Heroes actually paid for good about our country. suit of weapons of mass destruction. He family members to travel to Germany My fellow Senators and I also visited lied, cajoled, intimidated, and mur- to visit their wounded loved ones. wounded American soldiers in a mili- dered. Our Nation did not stop with Af- I see it all over Colorado. There is a tary hospital in Germany on our way ghanistan and Iraq. Our forces have steely determination to see the global back from Iraq. These brave men and sought out the enemy, cut off his fund- war on terrorism completed and vic- women who have already sacrificed so ing resources, and disrupted his plans. tory achieved. That is why it is more much for the cause of freedom were We have captured thousands of terror- important than ever for Congress to do mostly and primarily concerned with ists, destroyed their networks, and pre- its part. getting back together with their units vented new attacks. There have been This week the Senate will receive the and for the well-being of their peers many successes in this war, and we President’s request for supplemental who are still in Iraq. That warrior spir- should be encouraged and strengthened appropriations. This money is critical it among these brave men and women by our progress. to continuing the war on terror and en- is inspiring and gave me pause to con- Our men and women in our Armed suring our troops have the necessary sider what is clearly at stake for the Forces are the real heroes in this con- equipment, training, and information Iraqi people. flict. They have fought and sacrificed to succeed on the battlefield. While Our National Guard and Reserves are for our country. Tragically, some have some may argue that this money also playing a critical role in Iraq. paid the ultimate price. Today nearly should be included in the budget or Three days ago I was honored to be 200,000 soldiers, sailors, airmen, and that certain items are not emergencies, able to welcome home the Second Bat- marines are deployed in hotspots none of us would argue that the money talion, 147th Field Artillery of the around the world. They continue to is not needed. We know our troops need South Dakota National Guard from take the fight to the enemy and defeat improved protection. Our chief of staff Iraq. These citizen soldiers put their him wherever he appears. Our men and for the Army has testified that much of lives on hold for over a year to provide women in uniform are determined and the Army’s equipment is worn down critically needed support. They per- ready. and should be replaced. We owe it to formed their mission effectively and I visited our troops in Iraq and Af- our military families to provide the in- honorably, and I applaud their selfless ghanistan, and I have seen with my creased death gratuity. sacrifice. own eyes their commitment and deter- As we consider this important appro- The Iraqi people also deserve our ad- mination. It is phenomenal. They be- priation, let us remember our successes miration and thanks. While in Iraq we lieve in what they are doing. They so far. Fifty million people in Afghani- met with General David Petraeus who know they are making a difference. I stan and Iraq have tasted freedom and is in charge of training Iraqi securities am reminded of those who have already for most were able to cast a vote for forces. He was upbeat about their sacrificed much but yet have not given the first time. Cities are being rebuilt progress and the efficiency that is be- up and remain committed to their and market economies are being devel- ginning to take root. General duty. Soldiers such as Army CPT David oped. Terror networks have collapsed Petraeus’s convictions were legiti- Roselle have been an inspiration to me and funding for these networks is dry- mized by the effectiveness shown by and many other Coloradans. While on ing up. The war is not over, but we are the Iraqi security forces on election patrol last year in Iraq, Captain Ro- making a difference. Congress must do day. Those forces were the first line of selle lost a leg when an antitank mine its part. Now is the time for Congress defense in successfully protecting over went off nearby. After several surgeries to act. 5,000 polling stations throughout Iraq, and intense physical therapy, Captain I yield the floor. none of which were penetrated by the Roselle rebuilt and retrained his mus- The ACTING PRESIDENT pro tem- insurgents. Some of the Iraqi security cles. He conducted 4-hour sessions of pore. The Senator from South Dakota forces even gave their lives so their fel- daily exercise, including mountain is recognized. low countrymen could vote. biking, weight lifting, swimming, and Mr. THUNE. Mr. President, I re- Perhaps the bravest of all on election climbing. Six months after his last sur- cently had the good fortune to travel day were the Iraqi citizens who also gery, Captain Roselle was skiing down to Iraq with my colleagues Senator risked their lives by taking that crit- the slopes of the Colorado Rockies. INHOFE and Senator ISAKSON. With my ical first step on their journey to self- But the story does not end there. own eyes, I saw the political genesis of determination. The insurgents and ter- Now just over a year later, Captain Ro- a nation moving from tyranny to lib- rorists grossly underestimated the selle is still in the Army, and com- erty. This process was made possible by Iraqi people’s courage and thirst for mands the headquarters company of the skill and determination of our freedom. The Iraqi people did not buck- the 3rd Army Cavalry and is preparing troops, the strides being made by the le under threats of violence and mur- to deploy with the unit this spring. It Iraqi security forces, and the growing der. Instead they spoke out with a is Captain Roselle’s relentlessness, his determination of the Iraqi people to great voice that has been heard call to duty, and his determination to engage in the democratic process. throughout the world and well into the defend our great Nation that tells me I cannot say enough about the sac- annals of recorded history. They have that our forces are strong and victory rifice and dedication of our troops. demanded their right to self-deter- remains the only option. Their professionalism and devotion to mination, their right to live their lives Our men and women deployed in duty are truly inspiring. And I am con- as they see fit, free from tyranny, free combat are not the only heroes. I can- vinced now more than ever the United from fear, free from extremism. On not fully express my admiration for the States has the finest military in the election day, they earned that right. families of these soldiers, sailors, air- world. To those who know it best, our Let me be clear, there is still much men, and marines. For months at a military’s might is not defined only by work that needs to be done, and there time, military families are asked to its sheer firepower but by the indi- are still enemies to fight. But free- hold everything together and support vidual soldiers who all play their part dom’s light does not shine without a

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2005 CONGRESSIONAL RECORD — SENATE S1365 price. The Iraqi people know this. They essary to ensure that our troops—our one of their minority leaders proudly understand a new Iraq must not be young men and women who are bravely stating one of the pillars and principles dominated by only one ethnic or reli- and courageously setting and laying of our Government as the way they gious sect. Many Iraqis I met with, in- the foundation for a safe, strong, and would ensure that the majority never cluding Shiites and others, expressed free Iraq—have what they need to com- overran the minority. the belief that for democracy to work, plete that mission. Following that meeting, we went and the Sunnis, who now find themselves I yield back the remainder of my met with Dr. Al-Rubiae, a Shiite, obvi- the minority, must be a part of and time. ously to be in the majority. We worried represented in an inclusive Iraqi gov- The ACTING PRESIDENT pro tem- that since, for so many years, they had ernment. pore. The Senator from Georgia is rec- been the victims of the Sunnis—since Of course we all look forward to a ognized. they now would be in a majority, would free and stable Iraq. But we should not Mr. IZAKSON. Mr. President, the there be a propensity to overrun the attempt to impose an artificial time President has sent to us an $81.9 billion minority? So we asked: line on this goal. Instead we should supplemental for our war against ter- Dr. al-Rubiae, what will you do? Will the focus on a conditions-based schedule ror and the fight in Iraq and Afghani- minority have a voice? that allows for a responsible transfer of stan. This morning, in Congress Daily, He said: responsibility from American to Iraqi I read a quote about that supplemental The American Constitution requires two- troops. Our generals support that con- from the distinguished ranking mem- thirds vote to amend the Constitution. We cept, not arbitrary deadlines. When the ber of the Appropriations Committee: will require two-thirds vote to adopt ours. conditions are right for us to leave, we This supplemental request provides sup- The point is very clear. He, too, had will know and so will a free and sov- port for our men and women in uniform, but studied Adams and Jefferson and our ereign Iraq. it provides little basis for optimism for a sta- Founding Fathers. Knowing he would I believe the recent elections and the ble and secure Iraq. be in the majority, he recognized that self-confidence they have inspired in The comment of the respected distin- the peace, strength, and stability in the Iraqi people may represent a turn- guished Senator from West Virginia de- Iraq was predicated upon the majority ing point in the struggle for democracy serves amplification in terms of sta- not overrunning the minority. in Iraq. With the bravery and the dedi- bility and security in Iraq. So when we question whether this cation of our troops and the courage of I am pleased to have just returned supplemental provides any optimism the Iraqi people and their security from Iraq with Senator THUNE, who for stability and security in Iraq, I sub- forces, we can look forward to the day just spoke, and to have had the chance mit those two absolutely accurate when our troops come home with the to see firsthand the results of what our quotes of two gentlemen—one in the honor they have earned. men and women in our Armed Forces majority and one in the majority— We will soon be debating legislation have been doing in Iraq since we de- those who will take part in writing the that will provide funding and resources posed Saddam Hussein and began pro- constitution. Who would have thought for our troops to complete their mis- viding peace and a foundation for fu- they would quote Jefferson or Adams sion. It is critical that in the course of ture security. In fact, it is that founda- or our Constitution 6 months ago, or a this debate we understand what is hap- tion I would like to address. year ago, or 2 years ago? It is because pening today in Iraq and what it means There are three key pillars to secu- of the men and women we have sent for American troops who are bringing rity and stability in Iraq. The first pil- into harm’s way, the coalition forces, about freedom and democracy. We lar is for us to continue this year, and our commitment to freedom, and our must make sure they have the re- for a time uncertain, to provide the present commitment to spreading de- sources, the equipment, the training, Iraqi people with security so they can mocracy around the globe that today and the weaponry to succeed in this complete the writing of their constitu- provides great optimism in Iraq. mission. tion, hold their permanent elections, But there is a third pillar we must The insurgents, who continue to prey and allow their democracy to flourish. consider as well, which is the future upon the fears of the Iraqi people, who The second pillar is that government ability of the Iraqis—once their con- resort to tactics and thuggery and in- itself. It is essential that we pass this stitution is written, their government discriminately kill innocent people, supplemental to continue the security is established, and our troops lessen— are not going to go quietly. It is impor- and allow those who were recently to be able to secure themselves. There tant that we complete this mission. It elected to form their constitution and have been a lot of comments about is important that we win and secure do their work. whether they can do that. I give you the freedom of the Iraqi people. It was When you talk about optimism, I comments that Lieutenant General clear to me, having traveled to Iraq have to share a story about the recent Petraeus shared with us on our visit. and listened firsthand to the stories visit. Senator THUNE, Senator INHOFE, First, the coalition forces have that have been shared and conveyed by and I met with deputy Ambassador trained 136,065 Iraqis. Our goal by the Iraqi voters, who for the first time Salih, a Kurd. We met alone, with no end of this year is 200,000. Recruiting were able to take that ink-stained fin- staff, no press, no encouragement, has mushroomed since the election. In ger and mark a ballot, that they are total candor. We asked Mr. Salih, a fact, on television, some of you have committed to the cause of freedom and Kurd in the minority—and even though seen the lines the day after the elec- democracy in their own country. the results of the election were not tion that showed up at recruiting cen- We heard statements such as ‘‘we are complete at the time we were there, we ters that were previously vacant. So we profoundly grateful.’’ We heard state- knew they would be in a minority. We know the resources are coming. Our co- ments talking about how the mission is asked: alition forces are helping us with their succeeding, but it is still fragile, how Don’t you fear that the Shiites, who will training, and already the Iraqis who we need to continue to focus on train- inevitably be in the majority, will overrun are trained are demonstrating heroism ing and equipping Iraqi security forces, you? just like the heroism of our American and that the reconstruction needs to He said: soldiers. There is no better example move faster. Oh, no, we have a secret weapon. than this: On election day, when at a Engagement with the Iraqis is the This is a Kurdish leader in the middle polling place an Iraqi-trained soldier way for us to succeed, and giving the of Iraq in the 21st century who said he by our coalition forces was in the first Iraqis the opportunity to govern, which had a secret weapon. He said that se- line of defense, as were Iraqis at every is what the elections were all about. cret weapon is one word: ‘‘Filibuster.’’ polling place, all 5,200. He spotted a Giving the Iraqis the opportunity to Then he proceeded to describe their suspicious character. He approached defend the freedom they secured when study of American democracy and our him. He noticed the bulging waistline, they voted on election day should be Republic. If there were ever a reason symmetrically indicating a bomb. He our mission in Iraq. It is important as for optimism about what this supple- threw himself on the bomber and the a nation, as a Congress, and here in the mental provides for the people of Iraq bomber detonated the bomb. The Iraqi Senate, that we take the steps nec- and their stability and security, it is soldier, trained by coalition forces,

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1366 CONGRESSIONAL RECORD — SENATE February 15, 2005 gave his life. Those in line to vote, The ACTING PRESIDENT pro tem- a failure to distinguish detainees sus- identifying with their index finger pore. The Senator is correct. pected of ties to terrorism from detain- their commitment to liberty, were not Mr. KENNEDY. Is there a time limit ees with no such connection. The In- injured and did not leave. They voted on statements in morning business? spector General found there was inhu- and democracy was born in that pre- The ACTING PRESIDENT pro tem- mane treatment of detainees at Fed- cinct, in that district in Iraq, in large pore. The time until 12:30 p.m. is equal- eral detention centers, unnecessarily measure, because of the bravery and ly divided. prolonged detention resulting from the heroism of that Iraqi soldier, trained Mr. KENNEDY. I thank the Chair. department’s ‘‘hold until cleared’’ pol- by United States and coalition forces. f icy, secret detentions without formal So as we consider the $81.9 billion for NOMINATION OF MICHAEL charges, interference with access to the continuation of our effort in Iraq CHERTOFF counsel, and closed hearings. and Afghanistan, and to a certain ex- I met with Judge Chertoff and raised tent in the Middle East, if we look for Mr. KENNEDY. Mr. President, I sup- my concerns about these detainees and optimism, it surrounds us everywhere. port the nomination of Mr. Chertoff to his role in formulating the policy. He Only after our engagement in Afghani- be Secretary of the Department of recognized and understood that signifi- stan were the Taliban deposed. Only Homeland Security. He brings a wealth cant problems had occurred at the Jus- after our engagement in Iraq was Hus- of experience to this position and that tice Department in the treatment of sein captured. Only after our commit- experience will serve him well, because the detainees and indicated a willing- ment against terrorism and countries the challenges facing this department ness to re-evaluate current policies and that harbor terrorists did Libya give in the post 9/11 era continue to be im- put in place protocols to prevent these up its weapons of mass destruction. mense. The agency can never afford to abuses from recurring. Recently, the Palestinians elected a drop its guard for a moment. From pro- Unfortunately, the administration new leader, Abbas, and already the tecting our borders to managing dif- has not been nearly as accommodating. prospect for hope and peace in the Mid- ficult immigration issues, Mr. Chertoff It has refused to provide vital docu- dle East between Israel and Palestine will be at the heart of many of the ments to the two Senate Committees is brighter. To me, that is great opti- country’s most complex security charged with oversight over the De- mism for the future of security and issues. partment of Homeland Security, the stability, not only in Iraq, not only in Just under 2 years ago, the Depart- Homeland Security and Government the Middle East, but throughout the ment of Homeland Security was cre- Accountability Committee and the Ju- world. ated in the largest overhaul of Federal diciary Committee. Specifically, the We also must ask ourselves this: If agencies in more than half a century. administration continues to play hide we don’t have optimism in the invest- It merged 185,000 Federal workers and and seek with documents that would ment we make in the war on terror and 22 agencies in order to create a more shed light on the issues of torture and the spreading of democracy, then what national effort to protect ourselves in interrogation. In doing so, the adminis- dividend would we receive by making the wake of September 11. tration persists in displaying a dis- no investment at all? It is a job that requires overseeing turbing disregard for our constitu- My submission to you is that we the development of innovative meth- tional role in Presidential nomina- would be fighting the war on terror not odologies and techniques to prevent tions. By refusing to come clean and only overseas but on our own streets. and deter terrorist attacks. It requires provide necessary documents, and by We would be spending more than we in- rapid response to threats and hazards, discouraging responsiveness and candor vested in this war to try to be a defen- and it requires effective information from its nominees on the issue of tor- sive country, rather than an offensive analysis and information sharing be- ture, the administration is only mak- country helping to spread democracy tween agencies at all levels—Federal, ing the crisis worse, further embar- wherever people yearn for it. State and local. rassing the Nation in the eyes of the I have great respect for those who The Secretary’s job is to strengthen world, and casting greater doubt on its will question any spending we might and maintain the security of our air- commitment to the rule of law. entertain. I understand the concerns ports, seaports and land borders. But, As Senator LEVIN has emphasized, about the investment that we may equally important is the Secretary’s FBI e-mails state that while Mr. make in the coming weeks in the sup- ability to welcome the more than 500 Chertoff headed the Criminal Division, plemental for Iraq. But I will tell you million citizens, permanent residents, discussions occurred between the FBI that with the comments of Deputy Am- lawful visitors, students, and tem- and the Justice Department about in- bassador Salih, the comments of Dr. al- porary workers who cross our borders terrogation abuses. The e-mails indi- Rubiae, and the evidence of the her- each year. cate that FBI personnel were deeply oism of the Iraqi soldier at the polling As Secretary, Mr. Chertoff will have concerned about the interrogation place Sunday, a week ago, it is clear to a major role on immigration policy. techniques being used at Guantanamo me this supplemental will continue One of the most important responsibil- Bay by the Department of Defense and that major pillar of support for democ- ities of his position is to see that the the FBI communicated their concerns racy in the Middle East; that is, the immigration service and enforcement directly to certain persons in the presence of U.S. men and women in our functions are well-coordinated, and Criminal Division. Armed Forces to continue to secure that the service functions are not given The e-mails in their public form, that nation so it can finalize a con- short shrift. Without strong leadership however, were heavily redacted to stitution and have permanent elections and the insistence on close coordina- avoid disclosing who spoke to whom. for its peace and its security. tion, the officials in the various immi- Although the e-mails were never pro- Our President has sent us a docu- gration bureaus of the department are vided by the administration to the Sen- ment to make an expanded investment prone to issue conflicting policies and ate, we were able to obtain the docu- in peace and democracy. I submit to legal interpretations and create dis- ments in the same way as the general you that the evidence for optimism array in the department’s mission. public obtained them, by surfing the abounds in Iraq and I, for one, will Questions have been raised about Mr. web for the redacted documents as re- stand by this President and stand by Chertoff’s role in the Criminal Division leased in a Freedom of Information Act our men and women in harm’s way, so of the Department of Justice in devel- lawsuit. that their democracy, which has now oping the investigative strategy that Senator LEVIN and Senator LIEBER- bloomed, will flourish in a part of the led to the department’s detention of MAN asked for the unedited version of world that has never seen it. hundreds of immigrants after 9/11. Ac- the e-mails in order to learn who in the I yield back the remainder of my cording to the report of the depart- FBI communicated the information time. ment’s Inspector General in June 2003, and who in the Criminal Division re- Mr. KENNEDY. Mr. President, as I there were ‘‘significant problems in the ceived it. The request was denied, even understand, we are in a period for way the detainees were handled.’’ though the information might well morning business? There were also problems that included have been highly relevant

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2005 CONGRESSIONAL RECORD — SENATE S1367 to our consideration of Mr. Chertoff’s The Founders of our country did not dear friend and colleague from Con- nomination. It is beyond debate that create a parliamentary democracy. necticut, JOSEPH LIEBERMAN, for their our advice and consent function under They created a democracy based on the close consideration of this nomination. the constitution includes inquiries into fundamental principle of separation of The task of reviewing the nominee for matters which may reflect on the powers with the Congress and the Judi- Secretary of Homeland Security is a nominee. ciary acting as checks and balances on difficult one, and the committee did a Mr. Chertoff may have no knowledge the power of the President We ignore fine job. about the e-mails or the FBI discus- that fundamental principle at our I have reviewed the credentials of sion, but part of our constitutional ob- peril. Judge Chertoff. They are impressive. In ligation is to obtain enough informa- A major issue in the 2006 congres- a legal career spanning over a quarter tion to make an informed decision. The sional elections will clearly be the of a century, Judge Chertoff has shown American people deserve to know rubberstamp Congress. The refusal by a respectable dedication to public serv- whether we have done our constitu- the Republican Senate majority to ex- ice. In my view, he has also dem- tional job responsibly. ercise its constitutional responsibil- onstrated an ability effectively to Senator LEVIN has already spoken ities on this nomination is a flagrant manage a variety of security issues. passionately about the stiff-arm that example of that problem. For these reasons, I believe that Judge he and Senator LIEBERMAN and their An essential part of winning the war Chertoff is qualified and capable to committee received from the Depart- on terrorism and protecting the coun- serve as Secretary of the Department ment of Justice as they sought to give try for the future is protecting the of Homeland Security. I plan on voting meaning to the words ‘‘advice and con- ideals and values that America stands for his nomination. sent.’’ From the text of the redacted for here at home and around the world. The job for which Judge Chertoff is version, it’s obvious that Mr. Chertoff That means standing up against tor- being nominated is a challenging one. should have been asked about the tor- ture. It means shedding light on an ad- In this post 9/11 era, the Secretary of ture issues in the depth that the docu- ministration that prefers to act in Homeland Security bears the primary ments would have enabled. He was head darkness. It also means living up to responsibility of ensuring the safety of of the Criminal Division during the rel- our oath of office as Senators to pro- all Americans from threats that range evant time period. Naturally, they tect and defend the Constitution. from terrorist attacks to natural phe- asked to see the unredacted version of The checks and balances in the Con- nomena. In order to meet this responsi- the document prior to any vote on the stitution are essential to our democ- bility, the Secretary must oversee 22 nomination. racy and a continuing source of our separate agencies and 180,000 employ- But the administration flatly refused country’s strength. They are not obsta- ees, all of whom carry out critical to cooperate. The White House could cles or inconveniences to be jettisoned daily duties that include safeguarding easily have provided the documents in times of crisis. We owe it to those our borders, securing our domestic in- only to Senators and to staff with ap- who come after us to be vigilant. Re- frastructure, and providing emergency propriate security clearances. It did publicans and Democrats alike must disaster assistance. We all know that not. Instead, it concealed the full text insist that our constitutional obliga- success in carrying out these duties of the e-mails in what amounts to an tions and prerogatives be respected. I will rest on the ability of the Secretary obvious coverup. hope very much that this blatant abdi- to coordinate and manage the re- In addition, Senator LEAHY and I cation of our constitutional responsi- sources at his disposal. They are huge. sent a letter to the Department of Jus- bility will not be repeated. If confirmed, Judge Chertoff will un- tice on February 4, asking it to provide Regardless of the difficulties we have fortunately find that the current re- a separate department document which faced in obtaining these important doc- sources at his disposal are inadequate reportedly advised the CIA on the le- uments, I am looking forward to work- to ensure the operation of an effective gality of specific interrogation tech- ing closely with Mr. Chertoff. His long Department of Homeland Security. I niques at a time when Mr. Chertoff was history of government service and dedi- strongly agree with several of my col- head of the Criminal Division. Again, cation to the public good are impres- leagues on the Homeland Security and the administration refused to provide sive. He has left the security of life- Government Affairs Committee who it, claiming that its contents were time tenure on the federal bench to ac- argue that more must be done to im- classified, even though Senators are cept the challenge of steering the De- prove the Department’s ability to iden- cleared to review classified material. partment of Homeland Security tify security threats and to respond to Our problems with the administra- through difficult waters. His willing- these threats in an effective and appro- tion on this nomination, however, pale ness to respond to the President’s call priate manner. in comparison with the failure of the speaks well of his character. I agree that the Department of Senate Republican majority to carry Mr. President, I suggest the absence Homeland Security must be given ade- out its own constitutional responsibil- of a quorum. quate resources to address the plethora ities on this nomination. Instead of in- The PRESIDING OFFICER (Mr. of security vulnerabilities that con- sisting on adequate answers to the SUNUNU). The clerk will call the roll. tinue to plague our borders, airports, questions raised by the documents, The assistant legislative clerk pro- seaports, transportation systems, util- they have acquiesced in the adminis- ceeded to call the roll. ity networks, and financial networks. I tration’s coverup and abdicated their Mr. DODD. Mr. President, I ask unan- also agree that more work must be own independent constitutional respon- imous consent that the order for the done to develop and implement a Gov- sibility to provide ‘‘advice and con- quorum call be rescinded. ernment-wide strategy on homeland se- sent’’ on Presidential nominations. The PRESIDING OFFICER (Mr. curity activities, and to devise specific They have allowed partisanship to BURR). Without objection, it is so or- plans of action for specific threats. trump the Constitution. dered. Furthermore, I strongly concur that In effect, the Republican Senate is Mr. DODD. Mr. President, I ask unan- more resources must be provided to our acting as George Bush’s poodle. The imous consent to be able to proceed for first responders—the millions of brave Founders of our country would be ap- 10 minutes as in morning business. men and women who make up our front palled at what has happened in this The PRESIDING OFFICER. Without lines of defense at home. case. Obvious questions about this objection, it is so ordered. For any homeland security response nomination have gone unanswered, and Mr. DODD. Mr. President, I rise this to be fully effective and successful, our the Republican leadership of the Sen- afternoon to discuss briefly the nomi- firefighters, law enforcement per- ate, instead of meeting its constitu- nation of Judge Michael Chertoff, of sonnel, and emergency response teams tional responsibility to seek answers, New Jersey, to be Secretary of Home- require the most updated equipment rolls over and shirks its duty to see land Security. I thank our colleagues and training to function. Regrettably, that the Senate’s consent on this nomi- on the Homeland Security and Govern- the administration’s fiscal year 2006 nation is an informed consent, not a mental Affairs Committee, especially budget deeply cuts these and other ini- blatantly defective consent. Chairwoman SUSAN COLLINS and my tiatives related to homeland security.

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1368 CONGRESSIONAL RECORD — SENATE February 15, 2005 All of these challenges that I men- only some of the most wealthy individ- vacy Act, it is an abuse of power, in my tion demand immediate and long-term uals in our Nation. Clearly, the Presi- view. investments. While I applaud the work dent is not willing to ask any of these This may seem like a small matter to that has already been done to enhance people—although I think many of them some, just one document. However, it our domestic security since 9/11, I re- would be more than willing—to make should be noted that Senator LEVIN has main, as many of my colleagues do, the sacrifice for the well-being of our precisely and carefully raised an issue deeply disturbed by the administra- Nation. Yet, at the same time, the that would be deeply disturbing to any- tion’s continued disinclination to in- President is willing to tell firefighters, one who is committed to openness and vest adequately in these activities. As law enforcement personnel, and emer- accountability in our Government. I more gaps in our security are uncov- gency response teams—people who risk suggest to my colleagues that we are ered and exploited, and as more work is their lives every day for our Nation— going to be seeing this issue arise over being done to enhance our capabilities that not only are they going to get and over again if we as a body—all of in identifying closing these gaps, the fewer resources each year, but they are us here—do not challenge it. I do not Bush administration’s policy has been required to do more with less. This se- care what party is in the White House. to provide less resources, including un- verely skewed set of priorities is sim- If any administration starts making thinkable cuts of $615 million to State ply stunning. While it may be difficult the case in the Executive Branch that homeland security initiatives and our for many of us to see this mismatch the Privacy Act applies to Government first responders. How can we fully ex- clearly today, I believe future histo- personnel and Government documents pect to be safe as a nation if the very rians who write about this period will that Congress may need to fulfill its people who are committed to our safe- harshly judge it as such. Constitutional obligations, then a dan- ty are deprived of the vital resources If confirmed, Judge Chertoff faces gerous precedent will be set—one that I that ensure our safety? formidable and daunting challenges— think we will deeply regret. In his testimony before the Home- challenges that must be overcome if we This matter reflects an already per- land Security and Governmental Af- are to ensure the safety of this country sistent, almost obsessive preoccupation fairs Committee, Judge Chertoff indi- and well-being of all Americans. I by the current administration with se- cated his determination to ‘‘ . . . im- speak on behalf of all of my colleagues crecy, thereby avoiding accountability prove our technology, strengthen our when I wish him the best in this very to Congress and, of course, to the citi- management practices, secure our bor- difficult endeavor he is willing to un- zens we seek to represent. ders and transportation systems, and dertake. The examples of this preoccupation most important, focus each and every I am also here to discuss another are almost too many to recite. One ex- day on keeping America safe from at- issue raised by our colleague, Senator ample that comes to mind is when tacks.’’ CARL LEVIN of Michigan. The issue con- Members of Congress and environ- I am encouraged by these remarks, cerns the repeated failure of this ad- mental organizations were unable to and I hope Judge Chertoff’s determina- ministration to provide the Senate ascertain who—just the names—par- tion can allow him to meet the chal- with information necessary to carry ticipated in the Vice President’s en- lenges, but he faces some awesome ones out its constitutional responsibilities ergy task force, the group which laid within the administration, if, in fact, of giving advice and consent and con- the blueprints for the administration’s these budget cut proposals are enacted ducting oversight of the executive current energy policy. into law. branch. Another example is the refusal of the I am also encouraged by the remarks In a letter written by the Depart- recent nominee, now current Attorney he made regarding the rights to due ment of Justice to Senators LIEBERMAN General, to provide information to the process that all Americans enjoy. In and LEVIN on February 7—just over a Judiciary Committee pertaining to the his testimony to the Homeland Secu- week ago—the Department of Justice development of his legal rationale for rity and Governmental Affairs Com- claimed that an unredacted document permitting torture. Of particular note mittee, Judge Chertoff said: related to the Chertoff nomination in this case, when asked to provide in- I believe that we cannot live in liberty would not be provided to the Homeland formation, the Attorney General said: without security, but we would not want to Security and Governmental Affairs I do not know what notes, memoranda, e- live in security without liberty. Committee because ‘‘ . . . it contains mails, or other documents others may have I believe this position is noteworthy, information covered by the Privacy about these meetings, nor have I conducted a especially in light of the report issued Act . . . as well as deliberative process search. by the Department of Justice inspector material.’’ The assertion by the De- The unwillingness even to search for general in 2003 that criticized the pro- partment of Justice that their inabil- information requested by Congress longed detention of hundreds of peo- ity to comply rests on the Privacy Act epitomizes a certain official arrogance ple—primarily immigrants—of sus- is absurd and wholly unacceptable. that sets a dangerous precedent be- pected ties to terrorism that were later As Senator LEVIN has stated—and I cause, when carried to its conclusion, deemed groundless. Judge Chertoff ad- strongly agree with him in this—the it impairs and even impedes most con- mitted that mistakes were made in the Privacy Act protects private individ- gressional oversight. Government em- detention and treatment of these indi- uals from having personal information ployees are named in countless docu- viduals—an admission rarely heard released without their consent. In this ments that Congress needs in order to from this administration—and vowed case, the Department of Justice is carry out its constitutionally man- to prevent them from happening again. using the Privacy Act to conceal the dated responsibilities and to shine the The question for our country is not names of public officials who have en- light where appropriate for the people whether Judge Chertoff is the right gaged in Government activities at tax- of this country on the actions of our man for the job—I believe he is—but payers’ expense. That is precisely the Government. whether Judge Chertoff will be given kind of case in which Congress ought In closing, I do not believe Judge an impossible job by the President who to have full knowledge of Government Chertoff is an architect of the policy to nominated him. We surely cannot meet personnel and their activities in order deny the public their right to know the needs of our homeland security ap- to exercise its advice and consent re- what their Government is doing. That paratus on a tin-cup budget, just as we sponsibility fully. point needs to be made crystal clear. If cannot meet the needs of our military, To deny the Senate information I thought that were the case, I would our schools, and our health care facili- about what public officials are doing at not support this nominee. I think ties. taxpayers’ expense is essentially to Judge Chertoff has made clear how he I find it troubling that—at the same deny the American people their right views these matters. But Senator time as it cuts support for police, fire- to know what their Government is or is LEVIN has raised a very important fighters, schoolchildren, and hos- not doing in the name of its citizens. issue that transcends this nomination pitals—this administration continues To deny the American people their and reaches every agency and office in to view as sacrosanct the massive tax right to know of their Government’s this government. It is the issue of pre- cuts worth $1.6 trillion that benefit actions is an abuse of not only the Pri- serving the openness, transparency,

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2005 CONGRESSIONAL RECORD — SENATE S1369 and accountability of our democratic grants become new American citizens Mr. WARNER. Mr. President, I am government. I thank Senator LEVIN each year. privileged to be the new boy on Sen- who, once again, during his service I have attended a number of the cere- ator COLLINS’s committee. My mission here, has proved how valuable atten- monies which are held in Federal is to try to achieve the smoothest tion to detail is. I commend my col- courthouses all over America every working relationship between the De- league for raising it. month to welcome and naturalize these partment of Defense, with which I have I thank the indulgence of the Chair. new citizens. I was in Nashville in De- been privileged to work these 27 years I yield the floor. cember when 50 or 60 people from all in the Senate, and the distinguished backgrounds were administered the f new department and the committee for oath of allegiance by Judge Echols. homeland defense over which my col- CONCLUSION OF MORNING The oath requires each new American league presides as able chairman to- BUSINESS to renounce any old allegiance and gether with Senator LIEBERMAN. The PRESIDING OFFICER. Morning swear a new one to the United States Just a word or two I want to speak business is now closed. of America. on Judge Chertoff. I, frankly, had not Each one of these new citizens has f met him prior to the President’s very waited at least 5 years. They have wise selection of this able individual. I RECESS learned English. They have learned rise today to urge my colleagues to The PRESIDING OFFICER. Under something about U.S. history. They give the strongest endorsement pos- have proved they are of good character. the previous order, the hour of 12:30 sible to this nominee. p.m. having arrived, the Senate will Many new citizens have tears in their I started my career as a young law- stand in recess until the hour of 2:15 eyes as they recite that oath. It is an yer, a prosecutor, but my first job out p.m. inspiring scene. Each of these new citi- of law school was law clerk to a Fed- Thereupon, the Senate, at 12:38 p.m., zens brings a new background and cul- eral circuit court judge, the same posi- recessed until 2:14 p.m. and reassem- tural tradition to the rich fabric of tion that Judge Chertoff holds today. I American life. That increases our mag- bled when called to order by the Pre- recall all through law school and the nificent diversity, but diversity is not siding Officer (Mr. VOINOVICH). early part of, I guess about 8 or 10 our most important characteristic. f Jerusalem is diverse. The Balkans years that I practiced law, lawyers al- ways thought: Maybe someday I could EXECUTIVE SESSION are diverse. Iraq is diverse. A lot of the world is diverse. What is unique about be a judge, a Federal judge. The whole the United States of America is that bar looks up to the judicial branch, as NOMINATION OF MICHAEL we take all of that diversity and make they should. It is the third branch of CHERTOFF TO BE SECRETARY ourselves into one country. We are able our magnificent Republic. When an in- OF HOMELAND SECURITY to say we are all Americans. We do dividual is selected by a President and confirmed in the Senate, he or she then The PRESIDING OFFICER. Under that because we unify it with prin- ciples and values in which we all be- dons that black robe, and it is a life- the previous order, the Senate will pro- time appointment. ceed to executive session and resume lieve: liberty, equality, rule of law. It also helps that we speak a common I was privileged to observe the life of consideration of the following nomina- a Federal judge. My judge was E. Bar- tion, which the clerk will report. language. It is hard to be one people if we cannot talk with one another. Many rett Prettyman, and I had the privilege The assistant legislative clerk read of standing on this very floor several the nomination of Michael Chertoff, of of these new citizens and many others living in this country lack a solid grasp years ago and recommending the Fed- New Jersey, to be Secretary of Home- eral courthouse here in Washington be land Security. of our common language or a clear un- derstanding of our history and civic named for Judge Prettyman. I am al- The PRESIDING OFFICER. Who culture. Without proficiency in ways grateful to the Senate for its wis- yields time? English, our common language, and an dom in accepting my recommendation. The Senator from Maine. understanding of our history and val- But I remember that judge so well. He Ms. COLLINS. Mr. President, I yield ues, immigrants will find it difficult to had the strongest influence on my life. 5 minutes to the distinguished Senator integrate themselves into our Amer- I aspired at one time to be a Federal from Tennessee. ican society. judge, but I hastily tell my colleagues The PRESIDING OFFICER. The Sen- So my hope today is that Judge I am not sure I ever would have been ator from Tennessee. Chertoff does a magnificent job in his qualified, for various reasons. Mr. ALEXANDER. Mr. President, I role at preventing terrorism. My hope But when you accept that appoint- thank the Senator from Maine for also is that he does a good job in keep- ment you take that oath of office for yielding me time. ing out of this country people who are life. That is why I, and I think most if I am in support of the President’s not legally supposed to be here. But not every one of my colleagues, spend nominee, Judge Michael Chertoff. He equally important is Secretary so much time working with our Presi- seems to have worked for almost every Chertoff’s role in welcoming new citi- dents to find the best qualified people part of the Federal Government, in- zens to this country, helping them to assume these important jobs in the cluding this body. I heard the Senator learn our history, our common lan- Federal judiciary. But it is a lifetime from Maine say that she had never seen guage—helping all of us remember appointment. a better witness before her committee. those principles that unite us as one When I looked at Judge Chertoff in As Secretary of Homeland Security, country. That is a part of the Depart- my office, we compared experiences. He Judge Chertoff will play a very impor- ment of Homeland Security. It is of in- was a law clerk on the Supreme Court, tant and visible role in our everyday creasing interest to Members of the so he had gone through some of the lives, protecting us from terrorism, but Senate on both sides of the aisle, and I similar experiences that I had as a law- my purpose today is to highlight an- look forward to working with Judge yer, and also I was assistant U.S. attor- other job he has. He is also the chief Chertoff in this new role and I support ney as was he. I said: You have to ex- immigration officer. As Secretary, he his confirmation. plain to me why you gave up a lifetime will oversee the Bureau of Citizenship The PRESIDING OFFICER. Who appointment to a position in which you and Immigration Services, the suc- yields time? The Senator from Maine. can control your hours and largely con- cessor to the INS, which manages im- Ms. COLLINS. Mr. President, I yield trol your vacations and have a magnifi- migration in this country. This job of 5 minutes to the distinguished Senator cent family life and everything else to Judge Chertoff is not primarily about from Virginia and, from the minority’s take on this enormous, uncertain chal- keeping people out of the United time, I will yield 10 minutes to the dis- lenge. States; it is also about welcoming new tinguished Senator from New York. He looked me in the eye, and he said: Americans into the United States. The PRESIDING OFFICER. Without In America, you have to step up and be The numbers are down some since objection, the Senator from Virginia is counted when the President and the 2001, but as many as 1 million immi- recognized. citizens of this Nation need you. I give

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I will vote with the advice and consent of this au- separate Government agencies, still yes on the nomination of Michael gust body, we will send forth an indi- not all working together. That is no Chertoff as Secretary of the Depart- vidual eminently qualified to handle small task. ment of Homeland Security. this position, and one who will bring Judge Chertoff will have to be smart, Ms. COLLINS. Mr. President, I thank about the necessary security that this tough, dedicated, and savvy—but a my colleague from New York for his country deserves and needs and ex- keen mind and a strong work ethic will excellent statement. pects. not be enough. As I have said, what has I see a very valuable member of the I yield the floor. been missing from homeland security committee, the Senator from Hawaii, The PRESIDING OFFICER. The Sen- has been funds and focus. A color-coded is here to speak. I am prepared to yield ator from New York is recognized. warning system can have all the colors to him 10 minutes from the minority Mr. SCHUMER. Mr. President, I also in the rainbow, but without adequate side. rise to speak in support of the nomina- funding for vital programs and without The PRESIDING OFFICER. The Sen- tion of Michael Chertoff. a laser-like focus, we are not serving ator from Hawaii. Today we vote on one of the most im- the people well. Judge Chertoff assured Mr. AKAKA. Mr. President, I rise portant Cabinet positions in our Gov- me he would fight hard for the funds today to discuss the nomination of ernment, and that is Secretary of the and maintain a strong focus to main- Judge Michael Chertoff to be Secretary Department of Homeland Security. tain these programs at the Department of the Department of Homeland Secu- New York, perhaps more than any if confirmed. If my reading of his char- rity, DHS. other State in the Union, knows the acter and personality is correct, he will Since the inception of DHS in 2003, need for a strong defense at home. make those fights inside the adminis- Secretary Tom Ridge has led the de- Therefore, I take this vote very seri- tration that have been lacking thus partment with strength and grace. His ously. I have considered carefully far. tenure sets a high standard for future Judge Michael Chertoff’s background. I Judge Chertoff, of course, will also secretaries to meet. I would like to have considered his experience, and I have to commit himself to working take this opportunity to thank Sec- met with him personally to express the with Members of Congress in a bipar- retary Ridge for his hard work and needs and concerns of the citizens of tisan way, so together we can best pro- dedication to his country. New York and my own concerns about tect the homeland. As a member of the Homeland Secu- what we have and have not been doing Unfortunately, as I said in the past, rity and Governmental Affairs Com- when it comes to homeland security. sometimes this administration has mittee, I was able to discuss with After careful review and after hear- acted with too much secrecy and too Judge Chertoff his positions on issues ing his commitment to work with me often it has failed to consult Congress. such as the DHS personnel regulations, and other Members of this body, I in- Too often it behaved as if it has a mo- civil liberties, and bioterrorism. Judge tend to vote in favor of Judge nopoly on wisdom. I am optimistic that Chertoff expressed his commitment to Chertoff’s nomination for this vital Judge Chertoff will, as he has assured these issues and promised he would in- post. It is clear, crystal clear, that me, work with us in a bipartisan way. vestigate and report back to the com- Judge Chertoff has the intelligence and I have also talked to him about the mittee on a number of DHS policies of the skill to run this behemoth Depart- need for changing the funding formula concern to me. ment. There is no question about that. so funds are not distributed simply as There were five main points that I But what has really been missing from if they were dropped from an airplane, raised with Judge Chertoff. First, I the Government is an advocate for but go to the places of the greatest asked for his assurance that he will de- funds and focus in homeland security need. fend the Constitution to safeguard our that will protect New York and the I have told him it is unconscionable civil liberties. The price of security rest of the country. Judge Chertoff as- Wyoming gets more on a per-capita should never erode our constitutional sured me he would fight within the ad- basis for homeland security than New freedoms, which are essential to the ministration for resources that have York. He has told me that we have a preservation of this democracy. One been missing in homeland security. real problem with the funding formula; specific activity I have concerns about It is no secret that, while we have he knows it has to be changed and he is data mining, which could involve the given all the money it takes to fight would work to change it. collection of personal data that could the war on terror overseas, we have I have also raised with Judge violate an individual’s privacy rights. shortchanged the domestic war on ter- Chertoff the serious problems of staff- Judge Chertoff affirmed his commit- ror at home. Program after program, ing we have at the northern border ment to liberty and privacy, and I will which we all admit is necessary to de- with Canada. New York, of course, has continue to monitor DHS closely to en- fend us at home, is shortchanged when a 300-mile such border. As of last year, sure that he fulfills that commitment. it comes to funding and focus. we were short more than 1,400 Customs We also discussed the just-released The Department of Homeland Secu- and Border Protection officers on that personnel regulations covering the rity was run by admirable people, but border. Judge Chertoff promised to 180,000 men and women who staff DHS. their constitution was such that when make securing the northern border a To make these new regulations work, they went into the Oval Office, they priority, should he be confirmed by the there must be significant and meaning- didn’t make much of a fight for the Senate. ful outreach to this dedicated work- things that were necessary. I also pressed Judge Chertoff on force, their unions, and their man- I asked Judge Chertoff about that other matters, areas in which the Gov- agers. A well-managed organization when I met him. I said: I am sure you ernment should do more to protect the values employee input and understands are not going to make a public fight, homeland. I discussed with him the the important role employees play in but are you privately, within the con- creation of an assistant secretary for protecting against mismanagement. To fines of the Oval Office, going to de- cybersecurity, something I have raised undermine opportunities for employees mand the funds that this Department before, given reports of the mounting to voice concerns or even have notice needs to make us secure? He told me he attacks on our computer systems. On of departmental changes unnecessarily would. these and on other matters, Judge harms workers. There is no doubt Judge Chertoff has Chertoff has shown a willingness to de- My third concern is the protection of been blessed with a brilliant mind, and liberate and be openminded and that whistleblower rights in the depart- he has formidable experience as a pros- means a lot in my book. ment. Whistleblowers alert Congress

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The distin- environment that promotes the disclo- ticularly the Homeland Security and guished chairman of the Armed Serv- sure of Government mismanagement Governmental Affairs Committee, and ices Committee, who also serves on our and Government illegality. In response, has promised to provide the informa- committee, held a number of hearings he promised ‘‘to support whistle- tion we need to fulfill our oversight re- to explore the treatment of detainees. blowers and to support candid assess- sponsibilities. It is my understanding that the Senate ments by employees when there are With Judge Chertoff’s assurances Intelligence Committee is also embark- problems in the department.’’ I am that he will protect civil liberties and ing on an investigation of the treat- pleased he acknowledges the impor- whistleblower rights, work openly with ment of detainees by CIA personnel. So tance of whistleblowers to a Federal Congress, and prioritize the other this is an issue. But the problem is, agency and has vowed to protect their issues I have detailed today, I will sup- this is not an issue in which Judge rights. As ranking member of the Sub- port his nomination to be the Sec- Chertoff has been involved in setting committee on Oversight of Government retary of Homeland Security. I believe policy. He is being asked for informa- Management, the Federal Workforce, he has the professionalism and the tion he simply does not have. and the District of Columbia, and the commitment to serve the department At our committee’s nomination hear- author of whistleblower protection leg- well, and I hope we, in the Congress, ing, Judge Chertoff was asked about islation, I will be monitoring the de- will enjoy a long and productive rela- these concerns by my distinguished partment closely to ensure that Judge tionship with him. colleague from Michigan, Senator Chertoff follows through on this prom- Thank you very much, Madam Chair- LEVIN. Judge Chertoff’s answer was un- ise. man. equivocal. Let me read it to you. He The fourth issue on which I asked for The PRESIDING OFFICER. The Sen- said: Judge Chertoff’s commitment was bio- ator from Maine. I was not aware during my tenure at the terrorism and, more specifically, agri- Ms. COLLINS. Mr. President, I thank Department of Justice that there were prac- culture security. Since 2001, I have my colleague from Hawaii for his ex- tices at Guantanamo, if there were practices urged the administration to develop a cellent statement. He is a very valu- at Guantanamo, that would be torture or coordinated response to bioterrorism able member of the committee, and I anything even approaching torture. and agroterrorism through legislation, very much enjoy working with him. He was not aware—not he did not re- which is critical to the health and safe- I rise again today in support of the call not he was not sure; He was not ty of Americans. nomination of Judge Michael Chertoff aware. That is unambiguous testi- Yesterday, I had the opportunity to to be the new Secretary of Homeland mony. participate in a gaming exercise called Security. As the Presiding Officer Our responsibility as Senators to ad- ‘‘Scarlet Shield’’ at the National De- knows better than most, this is one of vise and consent on executive branch fense University that postulated a bio- the most challenging and critical jobs nominees is a solemn one. It is one, as terrorist attack. This exercise brought in the entire Federal Government. chairman of the committee, I take home to me the need to do much more Judge Chertoff is clearly the right per- very seriously. If there were a good in ensuring an effective, coordinated son to take the helm of this Depart- reason to delay consideration of a nom- response. ment, and it is past time to put him in ination in order to secure important I will introduce shortly the Home- that post. information, then delay would be ap- land Security Food and Agriculture The Committee on Homeland Secu- propriate; it would be called for. But Act of 2005, which will improve State, rity and Governmental Affairs held a expecting a nominee to provide infor- local, and tribal governments’ ability nomination hearing for Judge Chertoff mation that he has sworn under oath to respond to an attack on the food on February 2. It was a long and thor- he does not know is not a good reason supply and facilitate DHS’s coordina- ough hearing. Judge Chertoff answered for delaying his nomination. tion with other Federal agencies with every question posed to him fully and The questions about Judge Chertoff’s food and agriculture responsibilities. candidly. His responses to more than knowledge of the treatment of detain- Judge Chertoff agrees with me that 250 written questions my committee ees have been asked and answered, re- bioterrorism is one of the greatest presented to him were just as forth- peatedly. They have been asked in pre- threats our Nation currently faces, and right. His nomination was endorsed by hearing questions. They have been as such I hope I can count on his sup- a unanimous vote. asked at the hearing. And they have port for my bill. I mention this because there should been asked posthearing. The final issue I discussed with the be no impression among our colleagues Judge Michael Chertoff is eminently Judge is the security challenges for my that our committee did not do a thor- qualified for this important position. home State of Hawaii, 2,500 miles from ough job in questioning Judge Chertoff. In his distinguished career, he has es- the West Coast. Being the only island To the contrary, he was subjected to tablished a strong reputation as a State, Hawaii has been blessed with di- hundreds of questions. He responded to tough prosecutor. But he has estab- verse and breathtaking geography and every question posed to him at our lished a reputation as a fierce defender a unique culture. However, its geo- committee’s lengthy nomination hear- of civil liberties. His position on the graphic location poses challenges to se- ing. And every member of the com- balance between these two critical curing the State from asymmetric mittee, on both sides of the aisle, had roles was made clear in his testimony threats. For example, when disaster ample opportunity to question Judge before the committee. He said: strikes, Hawaii cannot call on neigh- Chertoff on whatever issues they I believe that we cannot live in liberty boring States for assistance due to dis- wished to raise with him. without security, but we would not want to tance and time difference. Our eight in- In fact, I am aware of no opposition live in security without liberty. habited islands must be self sufficient. to his nomination. Virtually the only I cannot think of a more eloquent For that reason, I have established issue we have debated during the statement by a nominee, showing us— positive working relationships with course of these proceedings is one that demonstrating beyond a doubt—he Secretary Ridge and senior policy- I believe has no bearing whatsoever on clearly understands that as he in- makers from DHS as well as from Judge Chertoff’s fitness to serve in this creases security for our Nation, he PACOM and NORTHCOM to ensure critical capacity. This issue is the de- must be ever mindful of privacy rights, that when national homeland security mand, by a few of our colleagues, for of civil liberties, of the very freedoms policies are being formulated, the information regarding the FBI’s per- that define us as Americans, and that needs of Hawaii are kept under consid- sonnel working at Guantanamo Bay’s we cherish. Indeed, we would be hand- eration. Judge Chertoff promised to be detention facility and what informa- ing the terrorists a victory if we so

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1372 CONGRESSIONAL RECORD — SENATE February 15, 2005 compromised our freedoms in the name The Senator from New Jersey. tenure, less than 4 years, he was so ag- of security. Judge Chertoff understands Mr. LAUTENBERG. Mr. President, I gressive in tackling organized crime, that tension, that balance, the need for thank the chairman of the Govern- public corruption, health care, and constant evaluation. mental Affairs Committee for that bank fraud, with great success in mak- Judge Chertoff has also demonstrated courtesy. This is a task we are pleased ing the perpetrators of these crimes a great ability to work with law en- to take on. For me, it is a moment of pay the price and get out of the com- forcement agencies at all levels of Gov- special significance. We are proud of munity orbit so we could approach ernment. He has a keen understanding the fact that Judge Michael Chertoff, things correctly and honestly. of the broad range of homeland secu- the nominee to be Secretary of Home- Michael Chertoff also played a crit- rity vulnerabilities faced by States and land Security, is from New Jersey. I ical role in helping the New Jersey communities throughout the country. hope we are going to see a strong vote State legislature investigate racial When I have talked to law enforce- for his confirmation. profiling in our State. It was a blight ment officials from Maine to California I thank our chairman and leader in on our community. Driving while about Judge Chertoff, they have unani- the Governmental Affairs Committee Black should not be a crime, and we mously and enthusiastically embraced for her persistence in moving some identified that very clearly. As a mat- his nomination. They know he will lis- very important matters through that ter of fact, oddly enough, the present ten to State and local law enforcement, committee. She worked very hard at it. attorney general of the State of New and that he views them as partners in First it was the intelligence reform Jersey, a fellow named Peter Harvey, our fight to tighten and improve our bill. While I was annoyed that I had to distinguished attorney and outstanding homeland security. work Saturdays and other days, the member of the Governor’s cabinet, was I point out that Judge Chertoff was fact is, without the diligence shown by stopped on one of our highways. He had confirmed three times previously by the Senator from Maine, we would not pulled into a restaurant parking lot, this body. He was confirmed over- have gotten it through. We were on the and a policeman came over and asked whelmingly by both sides of the aisle 2 edge of the precipice when finally it to check his license and to inspect his years ago for one of the highest courts passed, and I was enthusiastic to try to car for no reason other than the fact in the land. And now, having attained a be of help there. So it is with this issue that he was Black. There was no other lifelong appointment at the pinnacle of as well. reason. He had no suspicion sur- his legal profession, he nevertheless is This is an important day for Amer- rounding his presence. Yet our attor- giving that up. He is giving up a life- ica. We all are concerned about the ney general, then a lawyer, was time appointment on one of the most issue that haunts us constantly. Memo- stopped because of color. That should prestigious courts in the country to ries of 9/11 will never leave the minds of not be a crime. Thanks in part to step forward to serve our Nation in one those who were alive or who study Judge Chertoff’s efforts, the State leg- of the most difficult jobs imaginable, American history in the future. It was islature passed a bill to ban racial one of the most thankless jobs in the a terrible day for America. We live profiling. That prompted me to intro- Federal Government. every day with the remnants of that duce the first bill in the U.S. Senate to I remind my colleagues of what he reminder. address this issue. The results have told our committee when I asked him This morning, in the Commerce Com- been excellent. why he was willing to give up that mittee on which I sit, we had a discus- Judge Chertoff now serves on the judgeship, why he was willing to make sion on aviation safety and baggage se- prestigious U.S. Court of Appeals for that sacrifice. He said—and his words curity requirements. I came down this the Third Circuit. A good measure of are eloquent— morning from New Jersey and, because his commitment to public service, one September 11th and the challenge it posed of some security involvements, was un- he has been questioned about publicly was, at least to my lights, the greatest chal- able to catch two airplanes. But it had in place after place, including our com- lenge of my generation, and it was one that to be done. It was not that I was par- mittee, is the question as to why he touched me both personally and in my work ticularly suspicious looking, but there would give up a lifetime tenure on the at the Department of Justice. was a line to get through, and that is The call to serve in helping to protect second highest court in the land to ac- America was the one call I could not decline. what happens. So we are always re- cept a call to duty. We hope this tenure minded. Go into a building, popular We are fortunate to have an indi- will be better, but it will have to be places, and you cannot go into those vidual of Michael Chertoff’s quality, earned every day of his career. places, wherever they are, whether with his commitment to public service, The mission of the Department of they are concerts or whether they are who is willing to answer the call of his Homeland Security is critical to our educational forums, if it has any vol- country. I hope he will be unanimously country and to my State of New Jer- ume of attendance, you will invariably confirmed later this afternoon. sey. On September 11, 2001, 700 of the I suggest the absence of a quorum. see the security process at play. We are almost 3,000 people who perished that The PRESIDING OFFICER. The worried about our families and our so- day came from the State of New Jer- clerk will call the roll. ciety, how we function. sey. There is hardly anyone in our The assistant legislative clerk pro- Judge Chertoff has been selected to State who didn’t know someone or ceeded to call the roll. be the next Secretary for Homeland Se- some family member of someone who Ms. COLLINS. Mr. President, I ask curity. It is fair to say that Secretary died that day in the World Trade Cen- unanimous consent that the order for Ridge did a good job in trying to amal- ter. the quorum call be rescinded. gamate all these parts into an organi- I was a commissioner of the Port Au- The PRESIDING OFFICER. Without zation with 180,000 people. It is an enor- thority of New York and New Jersey objection, it is so ordered. mous task. Fortunately, the foresight when I was elected to the Senate, and Ms. COLLINS. Mr. President, I ask to name someone such as Michael those Trade Center buildings were kind unanimous consent to speak as in Chertoff to this post did present an un- of a business home for me. morning business for up to 10 minutes usual and appropriate candidate. He re- From the location where I live now, I and that this speech not interrupt the ceived undergraduate law degrees with could see the silhouette and the trade debate on the Chertoff nomination. honor from Harvard University. After centers always as a landmark. It was a The PRESIDING OFFICER. Without law school, he clerked on the Second pleasure to get up in the morning and objection, it is so ordered. Circuit Court of Appeals. Following see the sun coming over the tops of Ms. COLLINS. Mr. President, I will that clerkship, he went on to serve as those buildings. Yes, when we saw what withhold that request so that the Sen- a clerk for a great New Jerseyan, Su- happened that day, smoke rising from ator from New Jersey, who has just preme Court Justice William J. Bren- the World Trade Center buildings, as come to the Chamber, may speak on nan. each one collapsed in a crush of flames the nomination. I yield him 10 minutes In 1990, Michael Chertoff, in his mete- and debris, that can never be forgotten. from the minority side. oric rise to the top because of his abil- The New York/New Jersey region bore The PRESIDING OFFICER. Without ity, became the U.S. attorney for the the brunt of those attacks on that ter- objection, it is so ordered. District of New Jersey. During that rible day.

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2005 CONGRESSIONAL RECORD — SENATE S1373 It continues to be identified, by the ferent issues—Social Security and confirmed by the Senate for several po- way, by the FBI as the most at-risk other legislation that is before us that sitions. His experience includes serving area for terrorist attack. The 2 miles needs attention. Here is an example of as a Federal appellate court judge, that go from Newark Liberty Airport where we can arrive at a consensus United States Attorney, and head of to the New York/New Jersey harbor are view with dispatch—get it done. We the Criminal Division at the United said by the FBI to be the most inviting know Judge Chertoff is an excellent States Department of Justice. How- targets for terrorists. Judge Chertoff candidate, but that is not to say there ever, questions have been raised about understands this. When Senator may not be a vote against him. There the potential involvement of Judge CORZINE and I talked with Michael were votes against the confirmation of Chertoff in the prison abuse scandals, Chertoff, we didn’t have to remind him Secretary Condoleezza Rice. There was an issue that was pivotal in my opposi- about what that area looks like, what a difference of view. It was the same tion to Judge Gonzales being confirmed that stretch of land is like that could thing with Mr. Gonzales. But it reflects as the United States Attorney General. be so inviting to terrorists. I am con- the fact that the minority is rep- Senators LEVIN and LIEBERMAN have fident Judge Chertoff will work to tar- resented. There were many people from been working to determine whether get homeland security grants to areas the Democratic side who voted for Sec- Judge Chertoff had any knowledge where the actual risk and threat of ter- retary Rice and for Attorney General about the scandal, and they deserve rorism are the greatest. Gonzales. But why is there a move un- our profound thanks. However, as in This is not just about New York and derway—I use this opportunity to say too many cases, this administration New Jersey. There are many high-risk this—to undercut the voice of the mi- has made a decision to keep much of States—some are colored red in the po- nority? It was said by our leader here the information from the public. The litical description that we use today, that 48 million people voted Democrat citizens of the United States deserve and some are blue. Examples: Texas, in the last Presidential election. Do we honesty and openness from the govern- Florida, California, Georgia, Illinois, want to say that those voices should ment. Virginia—the list goes on of States not be heard? Never. The information that has been re- where there are inviting targets for Mr. President, I know you and our vealed shows that Judge Chertoff had terrorists. These high-risk States are chairperson, Senator COLLINS, were no knowledge or involvement in the not getting enough funding because, elected with good support from your torture scandal. I must make a deci- under current law, 40 percent of all constituents. Does that free you from sion based on the record I have in front homeland security grants—over $1 bil- representing the part of the constitu- of me, not on the possibility of the lion each year—is given to each and ency that didn’t vote for you? Not at record I do not know. Reviewing this every State regardless of risk and all. We have to recognize that schemes record leads me to believe that Judge threat. That doesn’t make sense. that would deprive the minority from Chertoff would be capable of per- The PRESIDING OFFICER (Mr. registering their point of view are forming the duties of Secretary of the COLEMAN). The Senator has used his 10 against the Constitution. It is against Department of Homeland Security, and minutes. the fabric of our democratic society to I will thus support his confirmation to Mr. LAUTENBERG. Mr. President, I say if you didn’t vote for us, we are that position. ask unanimous consent that I be per- going to nail you; you are not going to It is my hope that Judge Chertoff mitted 5 more minutes. have your view; you are obstruction- will complete the work that Secretary The PRESIDING OFFICER. Is there ists. That is not right. Here we have a Ridge began and create an integrated objection? chance once again to express some bi- Department of Homeland Security. I Ms. COLLINS. Mr. President, I will partisanship by voting for an out- also hope that Judge Chertoff will be make clear that it is coming from the standing candidate to be the next Sec- able to lead by example and create the Democrats’ time. retary of Homeland Security. open environment at the Department Mr. LAUTENBERG. We are glad to I yield the floor. of Homeland Security that my con- Mr. JEFFORDS. Mr. President, We take that responsibility. I may ask for stituents and the citizens of this Na- are here today discussing the nomina- a minute or two more. tion deserve and expect. tion of Judge Michael Chertoff to be The PRESIDING OFFICER. The Sen- It will take many hours of hard work the next Secretary of the United States ator is recognized for 5 more minutes. and it will not be easy. I wish him the Department of Homeland Security. Mr. LAUTENBERG. Mr. President, Let me begin by thanking Secretary best of luck in accomplishing the task. the 9/11 Commission report stated: Ridge for all he did in leading the de- Mr. HATCH. Mr. President, today I Homeland security assistance should be partment through its creation and rise in strong support of the nomina- based strictly on an assessment of risks and start-up. It was a difficult job and the tion of Judge Michael Chertoff to be- vulnerabilities. Federal homeland security Nation owes him a debt of gratitude for come Secretary of Homeland Security. assistance should not remain a program for Voting in favor of Judge Chertoff and general revenue sharing. tackling this difficult task. I opposed the creation of the Depart- commending him on his remarkable ac- The 9/11 Commission correctly under- ment of Homeland Security, in part, complishments is beginning to become stood that homeland security is too because I was concerned that by com- a habit for us. important to be caught up in pork-bar- bining disparate areas of the Federal At the beginning of President Bush’s rel politics. That is why Senator Government we could create more first term, Judge Chertoff was nomi- CORZINE and I introduced a bill last problems than benefits. Several recent nated to become Assistant Attorney week, S. 308, requiring that all home- reports from the Government Account- General for the Criminal Division. To land security grants for terrorism pre- ability Office have shown that this is a this position, he brought years of expe- vention and preparedness be based on valid concern. rience as a Federal prosecutor in New relative risks, threats, and The next Secretary of the Homeland York and a highly successful term as vulnerabilities. I hope my colleagues Security Department will need to focus the U.S. attorney for the District of will see that that is in the national in- time and energy on ensuring that the NewJersey. terest and support that legislation. I various divisions within the depart- As a prosecutor, Judge Chertoff han- know Judge Chertoff understands that ment become integrated. A separate dled a wide variety of complex crimes problem. He is a highly intelligent, and divided Department of Homeland that included successfully prosecuting competent, and dedicated public serv- Security cannot work to increase our a RICO murder case involving the ant who has compiled a number of im- national security. Our best chance for third-ranking member of the Genovese pressive accomplishments in all three preventing another terrorist attack re- La Cosa Nostra Family and others. The branches of the Federal Government. I lies on a coordinated and well run principal defendants were convicted of ask my colleagues to vote to confirm agency. If this does not occur, I fear conspiring to murder John Gotti and him. that my original concern regarding the murdering a mob associate. They each I would like to add a word. Right creation of this entity will be realized. received 75 to 80 year prison terms. now, we are talking about whether the Judge Chertoff has an impressive re- He also successfully prosecuted the minority is obstructing progress on dif- sume and, in fact, has already been Mafia Commission Case, which charged

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1374 CONGRESSIONAL RECORD — SENATE February 15, 2005 the bosses of all five New York La Cosa Mr. President, it has been my privi- cluding establishing an Operational In- Nostra Families with operating a na- lege to know Judge Chertoff for a num- tegration Staff, but a great deal is still tional commission through a pattern of ber of years and I can honestly say that left to do. racketeering acts such as extortion, the President has made an inspired de- Judge Chertoff has experience mov- loan sharking, and the murders of a cision in this nomination. ing unwieldy bureaucracy in times of mafia boss and two associates. Mr. SALAZAR. Mr. President, I rise crisis. As Assistant Attorney General Upon his confirmation, Mr. Chertoff today to discuss the nomination of of the Criminal Division of the Depart- ran the Criminal Division of the De- Judge Michael Chertoff to be our Na- ment of Justice from 2001–2003, Chertoff partment of Justice during the trying tion’s second Homeland Security Sec- shared information and coordinated days after September 11. As Senator retary. antiterrorism efforts not only across COLLINS stated: Our next Homeland Security chief DOJ, but also with DHS and foreign since 9/11, Judge Chertoff has established will face a number of urgent chal- law enforcement. Chertoff also pushed himself as a leading expert on the legal and lenges. I believe the most pressing of resources to the field where they were national security issues surrounding the war those will be better coordinating our needed most. on terror. Federal, State and local homeland se- Chertoff was essentially the Nation’s After this period, in which I worked curity personnel. attorney as it prosecuted the war on closely with the Criminal Division of When I was Colorado’s attorney gen- terrorism. I know a little about this. the Justice Department to formulate eral, I started a new effort to bring dis- As Colorado’s former top attorney, I the PATRIOT ACT, Judge Chertoff was trict attorneys, police departments and can tell my colleagues that one needs a nominated to the third Circuit and was sheriffs together to foster interagency good lawyer to fight crime and prevent confirmed by a vote of 88 to 1. cooperation. That was tough, but it al- terror. As we all know, becoming a judge on lowed us to coordinate and fund better Chertoff will also have to balance the the 3rd Circuit is a lifetime appoint- law enforcement training, and better need to fight terrorism with the need ment and the culminating achievement prosecute gang violence, fight senior fi- to preserve our freedom. of many outstanding legal careers. Few nancial fraud, establish school hotlines This is a difficult balance to achieve. leave the bench before retirement. and many other vital efforts to fight In the last few years, we have faced However, Judge Chertoff is not a man crime that knows no jurisdictional some difficult choices. The administra- tion has detained terrorism suspects who will shirk from his duty. His na- boundaries. tion called and asked him to sacrifice. The challenge for DHS is, of course, for long periods without access to an He answered that call and stood up to even larger. attorney. They have tried to use mili- be counted during a period of war. Unfortunately, 3 years after 9/11 tary tribunals instead of civilian This is true not only for the time there is a huge gap between Wash- courts. And worst of all, the adminis- that he spent affiliated with the Jus- ington and our first responders on the tration’s uneven record on adherence tice Department but in his everyday ground. In his fiscal year 2006 budget, to the Geneva Convention and on the practice. For example, Judge Chertoff the President proposed consolidating use of torture is an affront to our served as special counsel to the New and reducing funding for State and American ideals. Chertoff has expressed his belief that Jersey Senate Judiciary Committee in local heroes. torture is wrong. He expressed his phi- its investigation of racial profiling. At a time when our law enforcement losophy during his confirmation hear- Under his counsel, the committee agencies are being asked to do more ing: ‘‘We cannot live in liberty without held nine hearings examining racial with less, the President apparently be- security, but we would not want to live profiling allegations, concluding that lieves they should have even less. The in security without liberty.’’ the former attorney general had misled President’s budget for next year elimi- Judge Chertoff has said all the right the committee and had attempted to nates funding for new hires under the things about preserving civil liberties. cover up the extent of racial profiling COPS grants, which have helped to put But we will face numerous threats to in New Jersey from the U.S. Depart- 1,289 additional officers on the streets our security over the next 4 years, and ment of Justice. in Colorado. The President’s budget we will be faced with even tougher After a convicted rapist was mistak- also calls for a 24 percent cut in home- choices. It is my sincere hope that enly released from prison, Mr. Chertoff land security grants to States and a Chertoff will do a better job than his again served as special counsel for the complete elimination of grants to rural predecessors have done in allowing us New Jersey Senate Judiciary Com- fire fighters. to live with both security and liberty. mittee during its hearings into the ap- At the same time, the Homeland Se- What strikes me most about Mike plication of Megan’s Law, which re- curity grant money that is available is Chertoff is his commitment to public quires State correction officials to no- not flowing effectively to State and service. Two years ago, Chertoff was tify prosecutors 90 days prior to the re- local agencies. Police, fire and emer- confirmed for a lifetime appointment lease of a sex offender, and the reasons gency medical departments are not to the 3rd U.S. Circuit Court of Ap- why it was not being systematically getting the help they need. Worse yet, peals. Chertoff could easily have kept employed by the State. critical anti-terrorism intelligence is that seat forever, but he stepped down Mr. Chertoff also represented three not getting to the law enforcement per- from that secure job to face another indigent defendants on death row in sonnel on the ground who can act on it. political gauntlet. In short, when duty Arkansas through a program operated I met with Mike Chertoff and he called, Judge Chertoff answered. by the NAACP Legal Defense Fund. promised me that he would work to You could not ask for a tougher job The death sentences of all three de- better coordinate Federal, State and in Washington than Homeland Security fendants were overturned on the appeal local agencies. I appreciated his candor Secretary. I am hopeful Judge Chertoff that he handled. in our meeting, but I am very dis- is the right person for the job. I understand that Judge Chertoff re- appointed to see his unwillingness to Mr. CORZINE. Mr. President, I rise ceived the unanimous approval of the respond to a series of very straight- today in strong support of the con- Homeland Security and Governmental forward questions posed by Senators firmation of Michael Chertoff to be Affairs Committee, with one member Levin and Lieberman. Secretary of Homeland Security. He is voting ‘‘present.’’ I believe that this is Here is why this matters: we need a an extraordinary professional and a re- not only a reflection on the judge’s cre- straight-shooting and straight-talking markably talented lawyer. He is highly dentials but a realization that securing person in this job. Judge Chertoff will intelligent, honorable, and impartial. the homeland is not a partisan issue, face the awesome task of wrangling the He is also a straight shooter, which is but a commitment by the Government 180,000 employees and 22 agencies that exactly what we need right now in this to its people that we will find the best form the Department of Homeland Se- position. He is also a personal friend. leaders to defend our Nation. Judge curity. Secretary Tom Ridge started Mr. Chertoff has impeccable creden- Chertoff time and time again has set the process of cutting the bureaucratic tials—not the least of which is being a the standard by which others will have red tape and integrating the depart- native New Jerseyan. He attended Har- to follow. ment. DHS took a number of steps, in- vard College and Harvard Law School,

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2005 CONGRESSIONAL RECORD — SENATE S1375 where he was editor of the Harvard tourists and those who work there, is onstrated the risk that rail transport Law Review. He then served as a Su- visited by as many as 300,000 people. of toxic chemicals could be attacked by preme Court law clerk. In private prac- Wall Street and other financial serv- terrorists. There is important work re- tice and public service, he developed a ices firms house important front and maining at TSA, where airport screen- reputation as a brilliant, tough, fair, back office operations, including clear- ing is far from complete and where too and truly world class litigator, and ance and settlement services, and other little attention has been paid to ground earned the respect of his peers and ad- operations essential to the functioning transportation. versaries. Indeed, one New Jersey paper of America’s capital markets in New- And the Department of Homeland Se- has even suggested he might be New ark, Jersey City, and Hoboken. And, curity has not yet adequately con- Jersey’s ‘‘Lawyer Laureate.’’ last summer, Newark was one of three fronted the vulnerabilities of our ports. In recent years, Judge Chertoff has locations including New York City and The checklist is long and the issues served as Assistant Attorney General Washington, DC—that was put on Or- complex. And in my view, Judge for the Criminal Division and circuit ange Alert for a possible terrorist at- Chertoff is the best person to address judge for the Third Circuit. In each of tack as intelligence suggested that the them. these capacities and throughout his ca- Prudential building in downtown New- One of the critical issues to be ad- reer, he has served our Nation excep- ark could be a target. dressed by the new Secretary of Home- tionally well. So when Judge Chertoff Yet despite these growing threats to land Security will be civil liberties. I told me recently that this position, as New Jersey from anthrax to the Orange strongly believe that we as a nation Secretary of Homeland Security, is the Alert, and the ever-expanding costs as- can be both secure and free. Given most important task he has ever un- sociated with protecting the most Judge Chertoff’s work on racial dertaken in his public career, I took densely populated State in the coun- profiling in New Jersey, I am confident notice. Given his commitment to pub- try—remarkably homeland security that he will pursue law enforcement lic service and the distinguished re- grants to New Jersey were cut in 2005. strategies that are both effective and sults of his remarkable career, this Funding was reduced from $93 million unbiased. His stated commitment to statement speaks for itself. in 2004 to $61 million in 2005. Newark respecting recent Supreme Court deci- I wish to emphasize one particular will see a 17-percent reduction in funds, sions on detainees assures me that he aspect of Judge Chertoff’s career: his from $14.9 million to $12.4 million. And, will always pursue terrorists within role in helping the New Jersey State incredibly, Jersey City’s homeland se- the context of our laws and treaty obli- legislature investigate racial profiling. curity funds will drop by 60 percent, gations. And his public as well as pri- As special counsel to the State senate from $17 million in 2004 to $6.7 million vate calls for a new approach to detain- Judiciary Committee, he led the com- in 2005. ees is indicative of a thoughtful and mittee probe into how top State offi- These cuts leave New Jersey home of open-minded professional. cials handled racial profiling by the countless companies and people who While I fully understand the concerns State Police. His work was bipartisan, keep our economic engine moving; raised by my colleague from Michigan, objective, balanced, and thoroughly home of one of the most active and ex- I am disappointed that it delayed this professional, and helped expose the fact posed ports in the country; home of one confirmation vote. The Congress has an that for too long, State authorities of the busiest airports in America; obligation to oversee how this adminis- were aware that statistics showed mi- home of our Nation’s new Homeland tration is treating detainees, in Guan- nority motorists were being treated Security Secretary—36th in the Nation tanamo and around the world. Access unequally by some law enforcement of- in per capita homeland security fund- to FBI memoranda on this topic are ficials, and yet ignored the problem. ing. critical to this oversight. But this par- This landmark racial profiling inves- I was pleased that the President’s ticular document has nothing to do tigation demonstrated Judge Chertoff’s budget called for an allocation of with Judge Chertoff’s qualifications for ability to balance the State’s responsi- homeland security funding based on this critical position. Indeed, I have bility to provide for the public safety risk and vulnerability. This common- confidence that Judge Chertoff—who with protecting our citizens’ civil lib- sense approach mirrors the rec- has called for more open discussion on erties. ommendations of the 9/11 Commission. the topic of detention—will work close- Judge Chertoff is uniquely positioned Senator FRANK LAUTENBERG and I ly with Congress so that we can come to undertake the enormous challenges have introduced legislation that would to a full understanding of what has that come with the position of Sec- require that homeland security funding happened and where we go from here. retary of Homeland Security. Particu- be allocated along these lines. This bill No one knows what the future may larly important to the citizens of New grants the Department of Homeland bring. The terrorist threat shifts, and Jersey is his understanding of the crit- Security the authority it needs to keep we are constantly learning about new ical importance of allocating our us safe and will allow Michael Chertoff vulnerabilities. At this critical mo- homeland security resources to those to be an outstanding Secretary of ment, I believe that Judge Chertoff has areas of the country where the risks Homeland Security. the kind of commitment, intellect, and and vulnerabilities are greatest. Judge Chertoff also understands the imagination that we need as someone New Jersey is on the front lines of critical importance of protecting our who is focused on keeping us safe, as terrorism. We lost 700 people on Sep- chemical facilities. Only a week ago, someone who understands that home- tember 11, 2001. Two of the 9/11 terror- the former Deputy Homeland Security land security means identifying the ists were based in New Jersey, and the Advisor to the President testified to greatest risks and vulnerabilities and anthrax that hit this institution origi- this committee that industrial chemi- making them a priority, as someone nated in New Jersey. The Post Office in cals are ‘‘acutely vulnerable and al- who recognizes that, in protecting our- Hamilton, NJ, where the anthrax was most uniquely dangerous,’’ presenting selves, we cannot sacrifice our basic sent, has taken years to clean up and a ‘‘mass-casualty terrorist potential ri- principles and values. Mr. President, I will finally reopen next week. The valed only by improvised nuclear de- am confident that Michael Chertoff is costs are expected to be $72 million for vices, certain acts of bioterrorism, and that person. decontamination and $27 million for the collapse of large, occupied build- Mr. DURBIN. Mr. President, I rise the refurbishment of the facility. ings.’’ He added that chemical plant se- today in support of the nomination of Newark Liberty Airport, and Port curity ‘‘should be the highest critical Judge Michael Chertoff to be the new Newark, and the Ports of Philadelphia infrastructure protection priority for Secretary for the Department of Home- and Camden are critical the Department of Homeland Security land Security. vulnerabilities. New Jersey is home to in the next two years.’’ Make no mistake, I believe the chal- rail lines, bridges, and tunnels to New There are other critical issues that lenges facing Judge Chertoff at the 2- York City, as well as chemical plants the nominee will face and that I am year-old Department are monumental. and nuclear facilities. Atlantic City confident he is prepared to take on. They include negotiating turf battles has the second highest concentration Our rail lines are woefully unprotected with other powerful Cabinet Secre- of casinos in the country, and between and recent accidents have dem- taries and ensuring that 22 formerly

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1376 CONGRESSIONAL RECORD — SENATE February 15, 2005 disparate Federal agencies, with a ered to his doorstep in 48 hours. How ment that made it more likely that combined workforce of 180,000 employ- can this happen in a post-9/11 world? abuses of detainees would take place ees, work together under one central Senator OBAMA and I have asked the and made it possible for the horrors we structure. In addition, Judge Chertoff Senate Homeland Security and Govern- have since learned about at Guanta- will be responsible for protecting our mental Affairs Committee and the namo Bay, Cuba and the Abu Ghraib Nation’s critical infrastructure and for Transportation Security Administra- prison in Iraq. What happened in these improving information sharing among tion to answer that question. We will places, I believe, has damaged our law enforcement agencies—without in- be looking for answers. image and called into question our truding unnecessarily on individual I look forward to working with Judge moral authority in some places and it privacy rights. It is a daunting assign- Chertoff on several issues of particular has increased—not diminished—the ment, but I believe Judge Chertoff is up importance to Illinois. Among them is dangers our troops and our citizens to it. a Microbial Risk Assessment Center, face in this age of terrorism. When Senator OBAMA and I met with which has been proposed by the Univer- Unlike many other administration Judge Chertoff last week, we discussed sity of Chicago and would serve as the officials, however, Judge Chertoff has several issues of concern to us, and national clearinghouse to assess risks acknowledged that the Government Judge Chertoff assured us that he will from anthrax, smallpox, plague, and made mistakes in the aftermath of 9/11. address these issues. Among my key other possible bioterror threats. He told me that he opposes ethnic and concerns are the new personnel rules In addition, the city of Chicago has religious profiling and he is committed for Department of Homeland Security developed a state-of-the-art command to treating all immigrants fairly and employees. I believe the new rules are center where personnel from the city’s to complying with all laws regarding far too restrictive when it comes to police, fire, and rescue departments the humane treatment of detainees. collective bargaining, pay negotia- and representatives of the city’s busi- I take him at his word. I will expect tions, and adjudicating grievances. The ness community work together in one Judge Chertoff, as Secretary of Home- situation at DHS has become even room to monitor the city and, if nec- land Security, to balance America’s more important since the Bush admin- essary, respond jointly to disasters. I need for security and our respect for istration announced its intention to believe this command center could civil rights and our heritage as a na- give agencies across the Federal Gov- serve as a national model, and I en- tion of immigrants. There are practical ernment the option of creating similar courage Judge Chertoff to examine its reasons, in addition to the legal rea- structure and successes. human resource policies. Judge sons, for seeking such balance. Detain- My decision to support Judge Chertoff said he would sit down with ing large numbers of Arab and Muslim Chertoff is the result of serious delib- the workers who will be affected by the eration. While I am impressed by his immigrants involves a massive invest- rules to listen to their concerns and record and his openness, I also have ment of law enforcement resources suggestions. It is important that he do some concerns about the role Judge with little no return, and it creates so. As Judge Chertoff told Senator Chertoff played in developing certain fear and resentment of law enforce- OBAMA and me: administration policies while he served ment in exactly the immigrant com- It’s important to have a happy and satis- as the head of the Justice Depart- munities whose cooperation we need to fied workforce. This is not going to work if ment’s Criminal Division. In that ca- defeat terrorism. people in the department feel like they’re Finally, Judge Chertoff assured me being wronged. pacity, Judge Chertoff helped to craft high-profile initiatives that explicitly that he will maintain open lines of Another issue Judge Chertoff prom- communication with Congress so that ised to look into is the effort to inte- targeted Arabs and Muslims and re- sulted in the detention of thousands of Congress can fulfill its constitutional grate the separate fingerprint data people. In the aftermath of the 9/11 ter- requirement to oversee whether, and bases maintained by the Department of rorist attacks, the Justice Department how well, the Department is imple- Homeland Security and the FBI. Merg- rounded up at least 1,200 immigrants, menting the laws this body passes. ing these two systems into a single, in- the vast majority of whom were Arab For all of these reasons and because tegrated system is not simply a good or Muslim. The Justice Department’s of his record of public service and his idea, it is a congressional mandate. Inspector General found that none of candor during this confirmation proc- Yet, a recent report by the Justice De- these detainees—not one—was charged ess, I will support Judge Chertoff’s partment’s Inspector General con- with a terrorist-related offense, and nomination to be America’s next Sec- cluded that the efforts to achieve a that the decision to detain them was retary of Homeland Security. I look fully integrated biometric fingerprint ‘‘extremely attenuated’’ from the 9/11 forward to working with him to make ID system have stalled. As one who has investigation. The Inspector General America safer in ways that are con- pushed for such a system, I am deeply also found that detainees were sub- sistent with our national values and troubled by that assessment. More jected to harsh conditions of confine- heritage, and I wish Judge Chertoff the than three 3 years after 9/11, it is unac- ment and that some were subjected to best of luck as he begins his important ceptable that this critical improve- ‘‘a pattern of physical and verbal new assignment. ment to our homeland security still abuse.’’ The PRESIDING OFFICER. The Sen- had not been accomplished. Judge Judge Chertoff also was tangentially ator from New Mexico. Chertoff said the American people involved in the Justice Department’s Mr. DOMENICI. Mr. President, this ‘‘would go ballistic if we can’t get efforts to legalize abusive interroga- Senator from New Mexico has known things to mesh.’’ He is right and the tion tactics. He reviewed the infamous Mr. Chertoff for a long time. I have American people have every right to be Justice Department ‘‘torture memo’’ been familiar with him professionally, angry. This must get done. I take and provided advice on complying with primarily when he was legal counsel Judge Chertoff at his word when he the antitorture statute, but he told me for a committee on which I served. In says he will make development of an that he did not provide advice on the that capacity, I got to know his profes- integrated biometric fingerprint ID legality of any specific interrogation sional qualities, his intellect, his care system a priority. methods. in interpreting both the law and facts, Judge Chertoff also promised to look The Justice Department’s ‘‘torture and I am absolutely positive that he is into another possible threat to our memo’’ narrowly and, I believe, incor- going to make a superb head for this homeland security, and that is the ap- rectly redefined torture as limited only very complicated Department of Home- parent ease with which an ordinary cit- to abuse that causes pain equivalent to land Security. izen can obtain an airline pilot’s uni- organ failure or death, and concluded Mr. Chertoff is a lawyer by trade and form. This threat was documented re- that the antitorture statute does not a judge by promotion within the pro- cently by a Chicago TV reporter. As- apply to interrogations conducted fession of advocacy. Now, regardless of tonishingly, the reporter found that he under the President’s so-called Com- the profession or experiences of the could purchase an authentic pilot’s mander in Chief authority. person nominated to this position, uniform online—with no identifica- This tortured effort to justify torture there might have been some who asked: tion—and the uniform would be deliv- helped to create a permissive environ- Why not some other particular area of

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2005 CONGRESSIONAL RECORD — SENATE S1377 expertise? That could be asked in this Counsel, with its absurdly narrow defi- more once it learned of the detainee-re- case. But I am quite sure that when nition of torture, is the most shocking lated problems. one looks at the myriad of problems and well-known example of the admin- When asked about this report at his addressed by and the kind of intellect, istration’s attempt to radically weaken confirmation hearing, Judge Chertoff commitment, and most of all, integrity this country’s commitment to treat all acknowledged that there were ‘‘imper- that Judge Chertoff has, it is clear that prisoners and detainees humanely and fections’’ in the executive branch’s re- he is going to do a superb job on behalf in accordance with international agree- sponse. He testified that he was un- of our country and the safety of our ments. Another oft-cited example is aware at the time of the hindrances in homeland. Attorney General Gonzales’ January detainees’ access to counsel, that he My compliments to the President for 2002 advice to President Bush that the was unaware of the verbal and physical sending this nomination to the com- ‘‘war on terrorism’’ offers a ‘‘new para- abuse, and that such mistreatment is mittee, headed by Senator COLLINS, digm [that] renders obsolete’’ the Ge- inappropriate and should not have hap- that reported him out quickly, and to neva Convention’s protections. pened. He also stated the importance of the Senate for overwhelmingly voting I am satisfied by Judge Chertoff’s learning from experience. for him today. I salute Judge Chertoff testimony that, as Assistant Attorney I am disappointed that Judge and wish him the best. I hope he is able General for the Criminal Division, he Chertoff did not express greater regret to handle this job with the same kind did not provide legal advice that for the department’s role in the mis- of excellence that he has handled all strayed below the standard that is ex- treatment of detainees, and that he did the other jobs we have given him. pected from senior members of the Jus- not testify in detail as to the status of He has plenty of help, which he will tice Department. He testified that ex- the implementation of the inspector need. This is not a job he can do alone. ecutive branch officials sought his general’s recommended 21 reforms. It is a very big agency, and I hope ev- views on the practical application of Nonetheless, his responses to this line erybody who works there will be part laws prohibiting torture and on specific of questioning are not, in my view, suf- of his team as he works to make Home- techniques. And he testified that tor- ficient to oppose his nomination. I land Security operate in a way that is ture is illegal and wrong and that he hope that Judge Chertoff will bring to efficient and good for our country and does not believe that the definition of bear the lessons we have learned from for our people. torture in the August 1, 2002 OLC this experience and work to ensure ap- I yield the floor. memo is broad enough. He testified propriate reforms are successfully car- Mrs. CLINTON. Mr. President, when that he told executive branch officials ried out. the time comes I intend to vote in to ‘‘be sure that you have good faith After careful consideration, I am sat- favor of Judge Chertoff’s nomination to and you’ve operated diligently to make isfied by Judge Chertoff’s answers to be Secretary of Homeland Security. sure what you are considering doing is the Senate Homeland Security and There is no position in government of well within the law.’’ Regarding spe- Governmental Affairs Committee re- greater importance to the security of cific techniques, Judge Chertoff testi- garding his conduct at the Justice De- our country and of my home State of fied that, ‘‘I was not prepared to say to partment. Despite the egregious New York. And so I am glad that the people, to approve things in advance, missteps the department made during Senate has agreed to devote some time or to give people speculative opinions his tenure, I do not believe that his to a discussion of the important issues that they might later take as some performance there disqualifies him that the next Secretary of Homeland kind of a license to do something.’’ from serving as the next Secretary of Security will face. These responses suggest that Judge Let me say at the outset that I have the Department of Homeland Security. Chertoff appreciates the importance of some serious concerns about this nomi- And in view of his testimony and of his upholding America’s long tradition of nation. These concerns have nothing to exceptional record during his short treating prisoners humanely, and of re- do with Judge Chertoff’s personal abili- time on the Federal bench, I believe ties: his professional and intellectual specting international agreements that that Judge Chertoff understands that qualifications are beyond question, as protect our men and women in uniform the next Secretary of Homeland Secu- is his commitment to public service. as well as our standing in the inter- rity must be both unflagging in his ef- Rather, my concerns are based on the national community. While I would forts to protect us from terrorist at- misguided and constitutionally infirm have preferred that Judge Chertoff had tack and steadfast in his respect for policies that have been drafted by the argued his point to the administration our Constitutional order. Department of Justice and imple- more forcefully, I am satisfied that he I also believe that Judge Chertoff has mented by the Administration in its did not actively promote these wrong- a good understanding of the issues and prosecution of the war on terror and in headed, immoral, and counter- challenges facing the Department of the conflicts in Afghanistan and Iraq. productive policies. Homeland Security. Perhaps the big- Judge Chertoff was a senior DOJ offi- Another important concern arises gest challenge awaiting him is the cial at the time that these policies from the Justice Department’s treat- taming of the enormous bureaucratic were created. Because he is being nomi- ment of more than 750 aliens detained tangle that is the current department. nated to a position for which respect immediately following the attacks of If confirmed, Judge Chertoff will be- for Constitutional and treaty obliga- September 11. The department’s own come the head of a department that tions is especially important, his role inspector general released a report in was created via the integration of 22 in the formation of these policies is 2003 that acknowledged the ‘‘difficult separate agencies and 180,000 employ- therefore worthy of careful scrutiny. circumstances’’ in which the depart- ees. These agencies and employees en- My primary concern relates to those ment found itself, but concluded there gage in a wide range of activities re- policies that have undercut and placed were ‘‘significant problems in the way lated to securing the homeland, and our men and women in uniform in that the September 11 detainees were they need a steady and firm hand on greater danger and diminished our treated.’’ Among those problems were the tiller. They also need a creative standing in the international commu- significant delays in the FBI’s clear- leader who can cut through bureau- nity. I feel a particular personal obli- ance process, hindrances in access to cratic entanglement and get things gation as a member of the Armed Serv- legal counsel, and verbal and physical done. As Secretary, Judge Chertoff’s ices Committee to do my utmost to en- abuse of detainees. The report specifi- central task will be setting priorities sure that our government does not do cally finds that the Justice Depart- and getting a vast bureaucracy to work anything that unnecessarily puts our ment, including Judge Chertoff, was efficiently and in a unified fashion. troops in harm’s way, that diminishes aware of the FBI’s clearance problems I am hopeful Judge Chertoff’s well- our standing among our allies, or that at the time. In fact, Judge Chertoff tes- documented intellectual abilities and blurs the values that distinguish us tified that he inquired with the FBI his long experience as a public servant from our depraved and nihilistic en- about the clearance delays, but the will serve him well as he moves from emies. FBI’s resources were ‘‘stretched.’’ The the role of Federal judge to the head of The August 1, 2002 memo from the inspector general found that the Jus- such a large and demanding Depart- Department of Justice’s Office of Legal tice Department should have done ment. He pledged at his confirmation

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1378 CONGRESSIONAL RECORD — SENATE February 15, 2005 hearing to work ‘‘tirelessly’’ to safe- at home—our local communities and Every homeland security expert I know guard the nation. I hope he follows our first responders—are as informed has said that this makes no sense. If through on that pledge in a variety of as possible about any possible threat so the terrorists are looking at things areas of critical importance. He will that they can do the best job possible such as the presence and vulnerability need to devote substantial energy and to protect all Americans. It is vital for of critical infrastructures as well as political capital if he is to help this New York City and other local commu- population and population densities, so still nascent Department develop to its nities across New York State and the should we. full potential and render all Americans Nation to receive accurate and timely This year, the administration is as safe and as secure in their liberties information from the department when again talking a good game on home- as possible. a potential threat emerges. It is equal- land security grant formulas. The Fis- I am encouraged that Judge Chertoff ly important that local communities cal Year 2006 budget request calls for and I agree on a number of specific on the front lines serve as valuable more than $1 billion in grants to States challenges facing the Department of sources of information for the Federal for the purpose of enhancing capabili- Homeland Security. One of these Government. ties to prevent, deter, respond to and issues—Federal funding formulas for I was pleased to learn that Judge recover from acts of terrorism, to be state and local preparedness—is essen- Chertoff testified at his confirmation allocated by the Secretary of Home- tial to protecting the homeland. I have hearing that his personal experiences land Security ‘‘based on risks, threats, repeatedly called upon the administra- as an Assistant United States Attor- vulnerabilities, and unmet essential tion and my colleagues to implement ney, a United States Attorney and as capabilities,’’ with a 0.25 percent State threat-based homeland security fund- head of the Criminal Division on Sep- minimum. In addition, more than $1 ing, so that homeland security re- tember 11, give him a thorough appre- billion would go for grants to urban sources go to the states and areas ciation and respect for State and local areas, for the same purpose, and on the where they are needed most. I have in- perspectives. In his testimony, he de- same basis—minus, of course, a State troduced legislation in this regard and scribed ‘‘negotiating cooperation with minimum. even developed a specific homeland se- our state and local government offi- This is a step in the right direction, curity formula for administration offi- cials’’ as one of ‘‘the central elements but we need to allocate much more cials to consider. of the war against terrorism. . . .’’ He funding for this purpose. Whether The latest iteration of that proposal repeatedly referred to the need to work through direct funding—which I con- is contained in my Domestic Defense in partnership with State and local tinue to believe is the best way to dis- Fund Act of 2005, which I introduced on government. burse homeland security funding to the first legislative day of this Con- I could not agree more. The Federal many communities—or funding that is gress. Modeled on the Community De- Government cannot, and should not, go sent to the states and passed through velopment Block Grant program, the it alone when it comes to securing the to local communities, the Federal Gov- Domestic Defense Fund of 2005 provides homeland. States and local commu- ernment should be disbursing the $7 billion in annual funding to local nities must be full partners. Much homeland security state and local communities, States, and first respond- more needs to be done, but Judge funds to communities according to a ers. The act requires that all of that Chertoff’s testimony demonstrates threat- and vulnerability-based for- funding be allocated using threat, risk, that he understands the importance of mula. and vulnerability-based criteria that this area as a key to homeland secu- In addition, my Domestic Defense homeland security experts—including rity. Fund Act makes it explicit that the the Homeland Security Independent I also find it encouraging that Judge funding provided for in my proposed Task Force of the Council on Foreign Chertoff testified that he is ‘‘acutely legislation will not supplant or be in Relations, chaired by former Senators aware’’ of the importance of allocating lieu of funding for traditional first re- Gary Hart and Warren Rudman, and resources to secure our ports. Needless sponders programs, such as the Com- the National Commission on Terrorist to say, having a secretary of homeland munity Oriented Policing Services, Attacks Upon the United States—have security who understands the impor- COPS, program and the Assistance to long recommended. tance of the Port of New York and New Fire Fighters, FIRE, Act program. I was heartened to hear Judge Jersey is likely to be a good thing for These Federal programs have proven Chertoff testify at his confirmation New Yorkers, and for the entire coun- successful in helping first responders hearing, that ‘‘I think we have to have try. perform traditional functions, such as a formula for funding and a formula for There has been little evidence to date fighting crime and responding to fires. lending assistance to State and local that administration is interested in Unfortunately, the Fiscal Year 2006 governments across the board that using a threat-based formula for allo- budget request seeks to cut or elimi- takes account of the reality of cating resources. Indeed, in Fiscal Year nate a number of these essential first vulnerabilities and risks and making 2004, when the Administration had the responder programs. Under the Presi- sure that we’re making a fair alloca- opportunity to employ such a formula dent’s proposed budget, funding for the tion.’’ Judge Chertoff also stated this in allocating funds under the State COPS program is reduced from $379 view when I met with him. His un- Homeland Security Grant Program, million to $118 million nationally, equivocal support for threat- and vul- SHGP, and the Law Enforcement Ter- which comes on top of previous years’ nerability-based funding is important rorism Prevention, LETP, grant pro- cuts for the COPS program, which once for New York, and for the nation. gram, it affirmatively chose not to do received more than $1.5 billion in fund- Another issue on which Judge so, despite pleas from me and many ing. And absolutely no funding is pro- Chertoff and I agree is the need for members of Congress on both sides of posed for the COPS Universal Hiring greater sharing of terrorist-related in- the aisle. Again in Fiscal Year 2005, Program, the COPS MORE program, formation between and among Federal, there was no significant effort on the COPS in Schools program, or the COPS State, and local government agencies. part of the administration to use a Interoperable Communications Tech- In the immediate aftermath of the 9/11 threat-based formula. nology Program. terrorist attacks, I worked with a num- I wrote President Bush imploring The Fiscal Year 2006 budget request ber of my colleagues in the Senate on him to work with the House and Sen- also proposes no funding for the Ed- a bi-partisan basis in focusing on this ate leadership on the issue of homeland ward Byrne Memorial Justice Assist- need. As I noted in my remarks on the security funding, but language was in- ance Grant program, named after a passage of the Intelligence Reform and serted in the Fiscal Year 2005 Home- New York City police officer killed in Terrorism Prevention Act of 2004, the land Security Appropriations Act to re- the line of duty, and the Local Law En- sharing of critical intelligence infor- quire that SHGP and LETP funds be al- forcement Block Grant program. These mation is vitally important if we are to located in that fiscal year as the ad- programs in the past have provided win the War against terrorism. We ministration chose to allocate funds in states and local governments with Fed- need to ensure that our front line sol- Fiscal Year 2004, which, unfortunately, eral funds to support efforts to reduce ders in the war against terrorism here was on the basis of population alone. crime and increase public safety, such

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There are several ef- responders continue to be on the front tion hearing—speak of his commitment fective first responder grant programs lines of our nation’s homeland defense. to threat- and vulnerability-based that have raised our nation’s overall It is imperative that Judge Chertoff, if funding, his keen awareness of other level of preparedness and ability to confirmed, stand by his philosophy of vital homeland security issues for New react to all manner of disasters. risk-based allocation and appreciation Yorkers, and his intent to work tire- However, many of the funds distrib- for the role of state and local partners lessly. He is from New Jersey and uted to states and local Governments when he prepares his department’s knows the homeland security needs of have been allocated by formulas that budget in coming years. the region from personal experience. fail to take into consideration actual In fact, the outcome of a number of Ultimately, his roots in the region, his needs or are not based on real risks of homeland security imperatives will de- personal experiences, and his expres- terrorism. It is time that Congress re- pend to a significant extent on Judge sions of commitment to policies that examine the methods of distributing Chertoff’s willingness to fight hard are essential to the security of New these critical preparedness funds. In during the budget process. A good ex- Yorkers, are decisive factors in my de- order to adequately secure the nation ample of this is the addition of new cision to vote to confirm. against terrorist attacks, the Federal border patrol agents mandated in the One of the lessons we have learned Government must strategically dis- recently enacted Intelligence Reform since September 11 is that constant tribute grants to states and local gov- and Terrorism Prevention Act of 2004. vigilance is required of the Congress; ernments in an efficient manner and to If the goals of this legislation are real- oversight and accountability must be the places where they will be most ef- ized, the security of the northern bor- our watch words. Oversight requires us fective. Congress must take the lead in der would be improved, a result I have to demand that the rule of law be re- reforming the system for distributing worked for since 2001. Among many spected by the executive branch, and these funds based on actual threats and provisions, the act calls for an increase that we do not countenance the flout- vulnerabilities and enable Federal of at least 10,000 border patrol agents ing of the law or of treaties. It requires agencies to target critical gaps in state and local terrorism prevention and pre- from Fiscal Years 2006 through 2010, us to hold the executive branch truly paredness capabilities. many of whom will be dedicated spe- accountable for its actions. If we have cifically to our northern border. And We know that terrorists seek to learned anything since that September strike the U.S. where it will do the yet the FY06 budget request did not day in 2001, particularly with respect most damage, either in terms of Amer- come close to seeking the 2,000 new to this administration, it is the time- ican lives or our country’s economy border patrol agents authorized for this less truth that ‘‘eternal vigilance is the and vital assets. Of course, we should year. Judge Chertoff must be willing to price of liberty.’’ make sure that our population centers fight hard for full funding of this and It has been said before, but it bears are protected, but that does not mean other programs essential to the depart- repeating—our Nation faces a new kind that funds should only go to urban ment’s mission. of challenge to our way of life. I have I appreciate that Judge Chertoff un- areas. When it comes to protecting our no doubt we will overcome this chal- economy and vulnerable critical infra- derstands the critical importance of se- lenge, but it will only be overcome structure, we need to be mindful of pro- curing chemical facilities. There are through maintaining and strength- tecting all the vital components of hundreds of chemical plants in the ening our civil society and our commit- these systems. Taking the U.S. food United States where a terrorist attack ment to being a force for decency and supply as an example, this would mean could threaten more than 100,000 Amer- respect for law in the world. securing both up and down stream icans with exposure to toxic chemicals. Judge Chertoff testified that, as Sec- components, from agriculture and food This is a homeland security vulner- retary, he will ‘‘be mindful of the need production systems to the ports that ability that has been recognized by to reconcile the imperatives of security ship products in and out of the coun- many, yet we still have no mandatory with the preservation of liberty and try. Federal standards for chemical plants, privacy.’’ I agree that one of the cen- By targeting terrorism preparedness and the Department of Homeland Secu- tral dilemmas of our time is balancing funds to the communities and compo- rity lacks authority to put such stand- security with liberty and privacy. As nents of the economy that are most at ards in place. Until Congress provides the 9/11 Commission said, ‘‘Our history risk, the whole country benefits. the department with such authority, has shown us that insecurity threatens And looking beyond traditional ter- Americans will continue to rely on vol- liberty. Yet, if our liberties are cur- rorism preparedness, in this age of the untary security measures at chemical tailed, we lose the values that we are Internet and globally interconnected plants, which have been repeatedly struggling to defend.’’ I believe that computer systems, securing the Na- shown to be lax. Judge Chertoff is professionally quali- tion’s borders no longer includes just I believe that the best solution to fied to be Secretary of Homeland Secu- land, air and sea, but also cyberspace. this problem would be to enact the rity, and that he understands and re- As a result, it is critical that the fed- Chemical Security Act that I have spects the values that the Secretary eral government provide strong leader- sponsored with Senator CORZINE. How- works to defend. Therefore, I will be ship in cyber security by securing its ever, in order to pass this or other voting in favor of his confirmation. computer systems and adequately safe- chemical plant security legislation, we Mr. CORNYN. Mr. President, I thank guarding key components in our na- will need stronger support from the ad- Judge Michael Chertoff for having the tional infrastructure—including the ministration and from the Secretary of courage to take on the challenging systems the country relies upon that Homeland Security than we have had tasks of leading the Department of link water, utility, communications, in the past. That is why I was encour- Homeland Security. He is an ideal transportation and financial networks. aged by Judge Chertoff’s testimony nominee for this position, and I look I am encouraged that Judge Chertoff, that he is aware of the significant risk forward to working with him and other has committed to closely examining of that sector based on his personal ex- department officials to ensure that we the agency’s role in cyber security to perience. He also testified that ‘‘the have the best possible border and port ensure it is doing everything possible Federal Government needs to be able security, cyber security, and efficient in this critical mission. Toward that to use a whole range of tools to bring distribution of DHS resources and per- goal, we should elevate the issue of the industry up to an appropriate sonnel. cyber security within the agency and standard’’ and that ‘‘the President has There are several issues that we need create the position of Assistant Sec- indicated that he supports, if nec- to address in the short term, particu- retary of Cyber Security.

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I of character to make a blatantly par- with the need for enhanced cyber secu- commend him for embracing this new tisan pitch during the run-up to the re- rity. An organized cyber attack would responsibility and answering the call of cent presidential election. disrupt national security, halt the pro- the President and of all American citi- I was astonished when President duction and distribution of needed zens. Bush announced that he had chosen goods and services, and threaten the In the wake of the attacks on Sep- Bernie Kerik to replace Secretary very fabric of our Nation’s economy. tember 11, our Nation was confronted Ridge. When newspapers and news mag- Unfortunately, cyber security is an with a challenge to revamp our home- azines began looking at that nomina- area that tends to be overlooked in the land security posture and adopt a stra- tion, it became apparent that the vet- discussion of homeland security. First tegic plan to defend America from ting of that nomination was shoddy responders to a cyber security attack global threat of terrorism. Many of our and that Mr. Kerik was an unaccept- on America have far different needs efforts to strengthen homeland secu- able choice on a number of grounds. and functions than traditional first re- rity have been successful, and were That misadventure cost us time and sponders. They require a clear and visi- long overdue. But there are critical led to Judge Chertoff’s nomination ble leadership within DHS to organize networks and infrastructure that need being made later than it should have and maintain our security. Given the additional attention to reduce their been by the administration. The Senate has expedited consider- dynamic and ever-expanding threats in vulnerability to terrorist attacks, such ation of this nomination. In what I the area of cyber security, an Assistant as: our food supply, telecommuni- hope is a sign of better days to come Secretary of Cyber Security will pro- cations and financial networks, rail and of increased responsiveness, I note vide DHS with an enhanced ability to transportation infrastructure, and that this nominee has responded in interact, influence, and coordinate tar- chemical facilities. geted cyber security missions across In Washington State, we have looked kind by seeking to answer in one day’s time a letter I sent to him. I appreciate all areas of our infrastructure. to the Department of Homeland Secu- that kind of responsiveness. The effort to secure our nation will rity to assist us in preparing our first In light of his effort, I will excuse his not be complete until all aspects of responders and providing them with vulnerability to terrorists are recog- missing the point in failing to respond the financial, training, and informa- directly to my first question. I raised nized. This is true for all our national tion resources they need to meet new borders; on land, air, sea, and cyber with the nominee an aspect of his con- security requirements. I would urge versations with representatives of the space. Recognizing that threat is an Judge Chertoff to continue to work important step, but we must now make intelligence community while he was closely with local first responders from every effort to prevent the threat from serving as a principal law enforcer my state who are on the front lines of becoming a crippling reality. charged with prosecutions under the I am proud to vote for Judge ensuring that Washington’s ports, bor- anti-torture law. My question to Judge Chertoff. He has well-deserved bipar- ders, and critical infrastructure are se- Chertoff was an opportunity for him to tisan support, and I am confident he cure. reflect on the inappropriateness of the I am confident that Judge Chertoff will be able to do the job. As Assistant chief prosecutor advising lawyers for will be confirmed today. I am eager to Attorney General for the Criminal Di- possible investigatory targets regard- begin working with him to continue to vision of the U.S. Department of Jus- ing how he would apply the law and tice, he worked tirelessly following the improve the security of Washington what might provide a safe harbor when September 11th attacks, prosecuting State and all of America’s homeland. it came to torture. Mr. LEAHY. Mr. President, today the those whose specific goal was to kill in- I commend Senator LEVIN for trying Senate will complete the consideration nocent citizens in New York, Virginia to get to the substance of those con- of the nomination of Michael Chertoff and elsewhere in this country. I look versations during confirmation hear- to head the Department of Homeland forward to working alongside him on ings. Sadly but all too characteris- these critical issues, and I am sure he Security. tically, the Bush administration has Judge Chertoff currently serves as a will bring courage and commitment to refused to provide him or the Senate Federal judge on the Court of Appeals the serious tasks at hand. with the relevant materials in this re- Ms. CANTWELL. Mr. President, the for the Third Circuit. This is a lifetime gard. I am, likewise, concerned that Constitution provides the Senate with appointment that he has held for a rel- Mr. Chertoff was not more assertive a responsibility to evaluate Presi- atively short time and that he will be during discussions with the Office of dential nominations. This is a responsi- abandoning to return to executive Legal Counsel as it headed down the bility that I take very seriously be- branch service. I helped expedite and wrong road in trying artificially to cause the Senate’s role ensures strong voted in favor of Judge Chertoff when narrow the definition of torture to pro- leadership at the very highest levels of his nomination to the third circuit vide latitude that contributed to wide- the Federal Government. came to the Senate in 2003. spread international scandals in our Today, the Senate considers the nom- Before that he was the Assistant At- wrongful treatment of prisoners. I wish ination of Judge Michael Chertoff to be torney General in charge of the Crimi- someone within the Bush administra- Secretary of the Department of Home- nal Division at the Department of Jus- tion at the time had stood up for the land Security. Leading the Department tice. I helped expedite and voted in rule of law and had succeeded in derail- of Homeland Security is not an easy favor of that nomination in 2001. ing the search directed by Judge job, and requires an individual with I have worked with Mike Chertoff Gonzales to create loopholes in our tireless dedication, unending persever- and appreciate his background as a law. ance, and strong leadership. prosecutor. He is very capable. He I appreciate that Judge Chertoff has The Senate Committee on Homeland works hard. What one sees when you committed to implementing the rec- Security and Governmental Affairs, led consider his career is that much of the ommendations of the inspector general by Chairman COLLINS and ranking time he acts as a consummate profes- with respect to preserving the civil member LIEBERMAN, conducted a thor- sional in our best tradition. Although rights of those detained by the Govern- ough examination of Judge Chertoffs there have been times when he has ment in his answer to my second ques- record, and I support the committee’s shown partisanship in an apparent ef- tion. That inquiry derived from his tes- recommendation to endorse his nomi- fort to ‘‘earn his spurs’’ with those on timony to the Judiciary Committee in nation. the extreme right, it is my hope and November 2001. The Secretary of the Department of expectation that he will bring his bet- Finally, I asked a series of questions Homeland Security is tasked with a se- ter angels with him as he embarks on about the so-called ‘‘wall’’ between law

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2005 CONGRESSIONAL RECORD — SENATE S1381 enforcement investigations and intel- I ask unanimous consent that copies ment and intelligence functions during the ligence. The 9/11 Commission report of my letter to Judge Chertoff and his period that you headed the Criminal Divi- went a long way toward dismantling response be printed in the RECORD. sion? In particular, what were those policies the myth that former Attorney Gen- There being no objection, the mate- and practices before September 11, 2001, and rial was ordered to be printed in the how if at all did they change between Sep- eral Ashcroft had tried to perpetuate. I tember 11, 2001, and October 26, 2001, when recall when even President Bush RECORD, as follows: the USA PATRIOT Act was signed into law? upbraided Attorney General Ashcroft U.S. SENATE, Is it not true that in 2000 the Department’s following his assault upon Commis- COMMITTEE ON THE JUDICIARY, Office of Legal Counsel issued an official sioner Gorelick at the 9/11 Commission Washington, DC, February 7, 2005. memorandum on ‘‘Sharing Title III Elec- hearings. Hon. MICHAEL CHERTOFF, tronic Surveillance Material with the Intel- I pointed out that during the Clinton United States Court of Appeals for the Third ligence Community,’’ which concluded that administration almost one year before Circuit, Martin Luther King, Jr. Federal law enforcement officials may share surveil- Building & U.S. Courthouse, Walnut Street, September 11, 2001, the Department of lance information with the intelligence com- Newark, NJ. munity to obtain assistance in preventing, Justice Office of Legal Counsel had DEAR JUDGE CHERTOFF: Congratulations on investigating or prosecuting a crime, or issued an official memorandum noting your nomination to head the Department of where the information was of overriding im- the Government’s position on ‘‘Sharing Homeland Security. While I am somewhat portance to national security or foreign rela- Title III Electronic Surveillance Mate- surprised to be considering your nomination tions? rial with the Intelligence Community,’’ to an Executive Branch position so soon I look forward to your prompt response. which concluded that law enforcement after your confirmation to the Federal Sincerely, bench, I respect your commitment to public officials may share surveillance infor- PATRICK LEAHY, service. The work of the Department of Ranking Democratic Member. mation with the intelligence commu- Homeland Security is crucial to the safety nity to obtain assistance in preventing, and security of the American people, and POST-HEARING QUESTIONS FOR THE RECORD investigating or prosecuting a crime, there are lingering problems in integrating SUBMITTED BY SENATOR PATRICK LEAHY FOR or where the information was of over- all of the elements of the department and in THE NOMINATION HEARING OF JUDGE MI- riding importance to national security making them as effective as we need them to CHAEL CHERTOFF TO BE SECRETARY OF THE or foreign relations. be. Managing DHS is one of the toughest as- DEPARTMENT OF HOMELAND SECURITY signments in Washington, and I admire and As Judge Chertoff recalls, it was At- Question: First, at your confirmation hear- appreciate your willingness to take it. I feel torney General Ashcroft who adopted ing last week, you acknowledged that while confident that the vetting problems we saw serving as head of the Criminal Division, you measures on January 21, 2000, and it with respect to the Kerik nomination will consulted with lawyers for the intelligence was the memorandum issued by Deputy not plague yours. Attorney General Thompson on August It is regrettable that the Judiciary Com- community regarding specific interrogation 6, 2001, that governed information shar- mittee has not held a hearing and was not techniques. I ask that you reflect upon your conduct in ing in the days leading to the disaster even allowed to participate in a hearing on your nomination. Much of the work of the which you were apparently discussing the that was September 11. Indeed, Judge possible application of the criminal anti-tor- Chertoff notes: ‘‘When it was deemed to Department of Homeland Security remains of importance and interest to the Judiciary ture statute with representatives of agencies be appropriate, additional procedures Committee and within its jurisdiction and whose personnel might be involved in con- were put in place in specific cases, or in expertise. duct that you might later be called upon to sets of related cases.’’ He proceeds to In connection with our committee’s over- evaluate for prosecution. In hindsight, concede that without any change in sight responsibilities as the Senate prepares should you not have refused to engage in the law, in the time between Sep- to debate and vote on your nomination, I those discussions, or referred the agencies to would ask you to respond regarding three a non-prosecutorial office of the government tember 11 and enactment of the USA such as the Office of Legal Counsel? PATRIOT Act: ‘‘With court approval, principal matters. First, at your confirmation hearing last Answer: As I stated at my confirmation some of these procedures were modified week, you acknowledged that while serving hearing, I was asked to provide my views to between 9/11 and October 26, 2001, the as head of the Criminal Division, you con- other attorneys on how the anti-torture stat- effective date of the USA PATRIOT sulted with lawyers for the intelligence com- ute would be applied by a prosecutor. My po- Act.’’ munity regarding specific interrogation sition in response was not to give advance, The 9/11 Commission established dur- techniques. I ask that you reflect upon your speculative advice about what could be done; ing its investigation that in the days conduct in which you were apparently dis- rather, it was to make sure that the lawyers and months before September 11, 2001, cussing the possible application of the crimi- understood that what is likely to be critical nal anti-torture statute with representatives to a prosecutor evaluating a potential charge information sharing requirements and is the honest, good-faith assessment by any procedures were misunderstood and of agencies whose personnel might be in- volved in conduct that you might later be interrogators of the effects of what they are misapplied at the Department of Jus- called upon to evaluate for prosecution. In doing and how those effects measure against tice. I appreciated Judge Chertoff’s of- hindsight, should you not have refused to en- the statute. fering a glimpse into the inner work- gage in those discussions, or referred the I believe it would have been a dereliction ings of the Ashcroft Justice Depart- agencies to a non-prosecutorial office of the of my duty to refuse to assist the Office of ment in the days that led up to 9/11 government such as the Office of Legal Coun- Legal Counsel and lawyers from other gov- when he noted that there was a ‘‘vig- sel? ernment agencies. The Office of Legal Coun- sel, a component separate and distinct from orous internal debate about the appro- Second, in your testimony before the Sen- ate Judiciary Committee in November 2001, the Criminal Division, was the primary De- priate procedures for sharing informa- you stated that the Department of Justice, partment of Justice Component responsible tion collected in foreign intelligence in its investigation into the September 11 at- for the guidance on the meaning of the anti- and counterterrorism investigations tacks, acted in complete accordance with all torture statute. I understand that, depending with criminal agents and prosecutors.’’ statutory and constitutional requirements in on the legal question under analysis, OLC or That ‘‘internal debate’’ was unresolved place before or after the attack. With what lawyers from other government agencies on on September 11, 2001, when terrorists has come to light since then about the treat- occasion solicit the views of components of struck in New York and at the Pen- ment of detainees, including the Inspector the Department that have expertise in the matter under consideration. I believe it was tagon and were thwarted in the sky General’s highly critical June 2003 report on that topic, what would you now say about appropriate for the Criminal Division to over Pennsylvania. government practices in the months fol- offer general guidance on application of the When the Justice Department came lowing the 9/11 attacks and how they went law. forward to work with the Senate in the wrong? Is it not also true, as indicated in the Question: Second, in your testimony before weeks following the attacks, I worked 9/11 Commission report that information the Senate Judiciary Committee in Novem- with Mr. Chertoff to ensure that law sharing legal requirements and procedures ber 2001, you stated that the Department of enforcement and intelligence efforts were misunderstood and misapplied before Justice, in its investigation into the Sep- were better coordinated, and I urged September 11, 2001? Before September 11, tember 11 attacks, acted in complete accord- him, the Attorney General and the Di- 2001, what did you do to improve information ance with all statutory and constitutional requirements in place before or after the at- rector of the FBI to change the culture sharing between the law enforcement and in- telligence communities? tack. that had led to destructive and dys- Third, what were the policies and practices With what has come to light since then functional hoarding of essential secu- of the Department of Justice with respect to about the treatment of detainees, including rity information. information sharing between law enforce- the Inspector General’s highly critical June

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1382 CONGRESSIONAL RECORD — SENATE February 15, 2005 2003 report on that topic, what would you procedures and responsibilities in the event all of the above-referenced procedures. The now say about government practices in the of a national emergency. These enhance- March 6th procedures, however, did not take months following the 9/11 attacks and how ments would further reduce the potential for full effect until the Foreign Intelligence they went wrong? impinging on civil liberties. Court of Review issued a ruling regarding Answer: As explained in the OIG report, I Finally, so far as the OIG report identified these matters on November 18, 2002. believed that if individuals linked through acts of misconduct by guards at detention fa- Mr. LEAHY. Heading the Department investigation to the hijackers or terrorism cilities these were, of course, wrong, and of Homeland Security is a position that were chargeable with violations of our crimi- steps should be taken to assure no such be- nal laws or immigration laws, as enacted by havior occurs in the future. I believe that may be one of the more difficult as- Congress, the government should seek deten- DHS and DOJ have implemented some of signments in Washington and in Gov- tion in accordance with the applicable law these proposals and, if confirmed, I will work ernment. The work of the Department while were investigating to determine if the to further increase their successful imple- of Homeland Security, DHS, is crucial charged individuals posed an actual threat. mentation. to the safety and security of the Amer- In these discussions, I repeatedly emphasized Question: Is it not also true, as indicated ican people. There remain many prob- that this policy applied only to those prop- in the 9/11 Commission report that informa- lems in integrating the elements of the tion sharing legal requirements and proce- erly chargeable with breaking the law and Department and in making them as ef- that detention should be sought consistent dures were misunderstood and misapplied be- with relevant law and regulations. fore September 11, 2001? Before September 11, fective as we need them to be. I remain My understanding is that those detained in 2001, what did you do to improve information concerned with a number of issues in the course of the 9/11 investigation were de- sharing between the law enforcement and in- need of greater attention at DHS and tained with an individualized predicate, telligence communities? much more significant support from meaning, a criminal charge, an immigration Answer: I began at the Criminal Division the highest levels of the Bush adminis- violation, or a judicially-issued material wit- on approximately June 1, 2001. My activities tration. Working with Secretary ness warrant. There was a legal basis for date from that point. Chertoff, maybe we will be able to get each detention. The top priority of the Jus- Prior to 9/11, the Department—including tice Department was preventing another ter- the Criminal Division under my leadership— that attention and support. rorist attack against the American people, was engaged in a vigorous internal debate The Bush administration has failed and the lawful detention of individuals who about the appropriate procedures for sharing to provide the necessary assistance for were known to have violated immigration information collected in foreign counter- first responders throughout our Nation. laws—like the September 11 attackers them- intelligence and counterterrorism investiga- As the costs borne by law enforcement selves—was a reasonable policy. tions with criminal agents and prosecutors, agencies across the country continue I acknowledge that the policy could have and the proper role for prosecutors in such to rise, we need to increase the part- been implemented better and it will be in the investigations. I understand that the proce- nership help offered to our nation’s future. I believe that the Government faced dures in effect on 9/11 were those that had first responders. Instead, in the Presi- an unparalleled challenge on September 11: been adopted by the Attorney General on How to prevent devastating terrorist attacks July 19, 1995 (including an annex concerning dent’s new budget, he has proposed cut- that might arise at any moment from al- the Southern District of New York), the in- ting overall funding for first responders Qaeda ‘‘sleepers’’ who had been specifically terim measures approved by the Attorney by $670 million. These cuts target vital programmed to disguise themselves, blend General on January 21, 2000, and the memo- emergency services affecting every into ordinary life, and to exploit existing randum issued by the Deputy Attorney Gen- State, regardless of size or population. networks for obtaining phony documents and eral on August 6, 2001. The President also proposed cutting other means of support. That challenge was Question: Third, what were the policies the all-State minimum for first-re- compounded by the fact that the September and practices of the Department of Justice sponder grants from 0.75 percent to 0.25 11 attacks physically crippled the FBI and with respect to information sharing between U.S. Attorney’s Office in New York (which law enforcement and intelligence functions percent. That new formula would re- were the repositories of much of the Depart- during the period that you headed the Crimi- sult in the loss of funds to police, fire- ment’s antiterrorism expertise at the time) nal Division? In particular, what were those fighters and emergency rescue squads and impaired communication between New policies and practices before September 11, in dozens of states from coast to coast. York and Washington for a period of time. 2001, and how if at all did they change be- In Vermont, this would mean a loss of Furthermore, because the 9/11 conspirators tween September 11, 2001, and October 26, at least $10 million dollars in fiscal operated in cities and towns across the coun- 2001, when the USA PATRIOT Act was signed year 2006—grant funds that are used to try, the 9/11 investigation necessitated fol- into law? Is it not true that in 2000 the De- provide security services along thou- lowing and analyzing many thousands of partment’s Office of Legal Counsel issued an sands of miles of our border with three leads generated by numerous FBI field of- official memorandum on ‘‘Sharing Title III fices, some of which had little previous expe- Electronic Surveillance Material with the states. Vermont’s border with Canada rience in conducting terrorism investiga- Intelligence Community,’’ which concluded spans approximately 95 miles, but the tions. Looking for a terrorist under these that law enforcement officials may share Swanton Border Patrol is charged with circumstances was akin to looking for a nee- surveillance information with the intel- protecting 24,000 square miles, which dle in a nationwide haystack, but with the ligence community to obtain assistance in includes not only the entire State of needle masquerading as a stalk of hay. preventing, investigating or prosecuting a Vermont, but also numerous counties The OIG report identifies concerns that crime, or where the information was of over- in New York and New Hampshire. FBI investigative delays or lack of precision riding importance to national security or Within this area, the Swanton Border in turn led to delays in processing of immi- foreign relations? gration detainees. In the aftermath of the Answer: As discussed above, prior to 9/11, Patrol is required to patrol more than surprise attack on September 11, the FBI la- the Department—including the Criminal Di- 261 miles of International Boundary. bored under physical and resource con- vision under my leadership—was engaged in Our approach to port security is also straints in the face of an urgent investiga- a vigorous internal debate about the appro- insufficient. More than 90 percent of tive demand of unprecedented scope. Now, priate procedures for sharing information the world’s trade is moved in cargo additional resources, training enhancements collected in foreign counterintelligence and containers. The Government Account- and reorganizations within the Department counterterrorism investigations with crimi- ability Office has found that the infor- and the FBI, as well as the Intelligence Re- nal agents and prosecutors, and the proper mation that the Bureau of Customs form Bill—are designed to—and should con- role for prosecutors in such investigations. and Border Patrol uses to determine tinue to—increase FBI expertise and capa- The procedures in effect on 9/11 were those bility and streamline coordination, so that that had been adopted by the Attorney Gen- which cargo should be searched is ‘‘one in any future nationwide terrorism inves- eral on July 19, 1995 (including an annex con- of the least reliable or useful for tar- tigation delays and imprecision will be mini- cerning the Southern District of New York), geting purposes.’’ In addition, our gov- mized. Furthermore, I believe that the FBI the interim measures approved by the Attor- ernment has been slow to install radi- and DHS should and will continue to build ney General on January 21, 2000, and the ation detection portals at our ports, upon their experience to develop and firmly memorandum issued by the Deputy Attorney leaving us vulnerable to the smuggling establish appropriate protocols for General on August 6, 2001. Where it was of a nuclear or radiological weapon. classifying subjects of terrorism investiga- deemed to be appropriate, additional proce- Mass Transit Measures Idle. Our tions at the appropriate level of concern, set- dures were put in place in specific cases, or mass transit systems are similarly at ting up appropriate deadlines for notifica- in sets of related cases. With court approval, risk. While we spent about $4.5 billion tion that a particular detainee is or is no some of these procedures were modified be- longer a terrorism risk; sharing information tween 9/11 and October 26, 2001, the effective on aviation security last year, we de- between law enforcement and immigration date of the USA PATRIOT Act. On March 6, voted only $65 million to rail security, agencies; and finalizing a crisis management 2002, the Attorney General adopted new in- even though five times as many people plan that clearly delineates each agencies formation sharing procedures that replaced take trains as planes every day. The

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2005 CONGRESSIONAL RECORD — SENATE S1383 Madrid bombing vividly demonstrated ‘‘are entirely inappropriate for asylum speedy, and necessary action. We made the potential vulnerability of mass seekers fleeing persecution.’’ transportation security a national se- transit, and I am concerned that the If we are to recapture America’s curity function by enacting the Avia- administration is not responding effec- rightful place as a haven for the op- tion Transportation Security Act and tively enough to this threat. This pressed, the tragic situation of asylum the Maritime Transportation Security needs to be a higher priority than the seekers must be rectified. The Commis- Act, both considered landmark legisla- administration has made it. The TSA sion offered a number of recommenda- tion. has been slow in developing security tions that can be implemented through Although a number of high profile ac- procedures at port and rail facilities administrative action, such as estab- tions have been taken to strengthen around the country, and our transit lishing an office within DHS to oversee aviation security, I fear that the same and freight transportation systems re- the treatment of refugees and asylum zealous effort to adequately strengthen main at risk. The recent DHS budget seekers and issuing formal regulations security across all modes of transpor- submission cuts funding for the fol- governing when asylum seekers should tation has stalled. In the more than lowing essential security programs: be released from detention. I urge three years since September 11, very port security grants, port security inci- Judge Chertoff to begin the process of little has been done to aggressively dent response, intercity bus grants, making these changes immediately. promote security of our ports, our pas- container threat assessments, nuclear As secretary, Judge Chertoff will also senger and freight rail system, motor detection and monitoring, hazmat supervise a number of outstanding Fed- carriers, pipelines, and hazardous ma- truck tracking and training, and rail eral employees who are Vermonters terials, despite very specific congres- security inspectors. and work for various components of sional direction. Air Security Concerns Linger. De- the Department, particularly in DHS’ Meanwhile, the threats to our trans- spite the dedicated resources to avia- immigration agencies. I believe he will portation security are as serious as tion security, problems remain. There be pleased with their efforts and their they have always been. From the train have been several reorganizations of expertise. bombing in Madrid to the maritime at- the TSA’s airport screeners program, Secretary Ridge and I have disagreed tack off the coast of Yemen, the but reports from the GAO and the DHS strongly about DHS’ efforts to pri- threats have not waned in the slight- Office of Inspector General suggest vatize Immigration Information Offi- est. But, based on the President’s Budget, that the screening programs for bag- cer, IIO, and other positions at the there are apparently some in the Ad- gage and passengers at our nation’s agency, and Congress has barred that ministration who seem to believe that airports are not as effective as they privatization for the current fiscal our work is done. The President’s should be. We need to ensure that the year. Among other duties, IIOs perform Budget recommends shifting critical $4,734,784,000 budget request for avia- background checks on applicants for work away from the Transportation tion security this year is spent wisely immigration benefits, a function that Security Administration, TSA, to and properly. should be performed by government other organizations within DHS that Secretary Chertoff, if he is con- employees. I urge Secretary Chertoff to have neither the expertise nor the nec- firmed, will oversee both the enforce- consider the repeated votes of both the essary authority to be effective. In my ment of our immigration laws and the House and Senate to maintain these view, further decentralizing the respon- granting of immigration benefits. We positions as government employees and sibilities of TSA will destroy the re- face a number of important choices on to make no effort to revisit the unwise maining, limited accountability that immigration in the coming years, and I and unpopular efforts of his prede- TSA provides for transportation secu- hope that he will play a constructive cessor. rity. role. I will support this nomination. Sec- I recognize that consolidating 22 Fed- I urge him to support the bipartisan retary Chertoff will face great chal- eral agencies into one department pre- efforts in Congress to improve the H–2B lenges ahead. I hope that he will work sents significant management chal- visa program, so we can meet the needs with me and others, on both sides of lenges and that growing pains are to be of small employers around our nation the aisle, in finding the best solutions expected as different agencies come to- who depend on seasonal immigrant in meeting them. gether. However, growing pains are not labor to stay in business. I hope he will Mr. INOUYE. Mr. President, I rise a license to continue the stovepipe be- support the bipartisan ‘‘AgJOBS’’ bill, today in support of the nomination of havior that existed prior to September which provides relief both to the agri- Michael Chertoff to be Secretary of the 11. When Congress created the Depart- culture industry and to the immigrant Department of Homeland Security, ment of Homeland Security and, more farm workers who make up a majority DHS. Chairman STEVENS and I had the specifically, the Transportation Secu- of the farm workforce in our nation. opportunity to meet with Judge rity Administration, it made clear that And as the Congress debates funda- Chertoff, and I was encouraged by his ‘‘business as usual’’ was not accept- mental immigration reform, I hope desire to work with Congress to ad- able. The Department and TSA need to that Judge Chertoff will work to help dress the nation’s homeland security reread the underlying statutes and ensure that any reform efforts recog- needs. I believe that his stated goal of start functioning as Congress directed. nize and embrace the tremendous con- resolving the internal disputes that It is my hope that Judge Chertoff will tributions of immigrants to our econ- have plagued DHS since its founding be a leader who understands that ne- omy and our culture. and his commitment to reduce the vul- cessity. I would like to note the release last nerability of all our transportation Let me speak for a few minutes about week of a report by the U.S. Commis- systems to terrorist attack will serve the particulars of TSA and the Presi- sion on International Religious Free- him well in this new capacity. dent’s budget. In truth, the difficult dom, a bipartisan commission created Though I support Judge Chertoff’s work of securing all of our major by Congress that we asked to study the nomination, I want to take this oppor- modes of transportation, including expedited removal system and its ef- tunity to express some of my thoughts ports, shipping, railroads, intercity fect on asylum seekers. In his response and concerns about the current state of buses, motor carriers, and pipelines is to me last week, Judge Chertoff showed DHS and the Transportation Security just beginning, and the nation must a commendable concern for the civil Administration in particular. have a robust agency within the De- rights of those who were detained due In the days following September 11, partment dedicated to that task. to alleged immigration violations dur- we all recognized the many serious Security funding for all modes of ing the 9/11 investigation. His concern flaws in our homeland security efforts. transportation beyond aviation has should be even more pronounced here, We were exposed to new and unex- been desperately lacking. The 9/11 where the Commission found that DHS pected threats in ways we had never Commission found, ‘‘over 90 percent of detains people who seek refuge in the before thought possible. We committed the nation’s $5.3 billion annual invest- United States—and are not even ac- to do everything in our power to ensure ment in the TSA goes to aviation . . . cused of committing any criminal or that a tragedy like September 11 would [and] . . . current efforts do not yet re- civil violation—under conditions that never happen again. We took bold, flect a forward-looking strategic plan.’’

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1384 CONGRESSIONAL RECORD — SENATE February 15, 2005 According to Senate Banking Com- nation and Preparedness to administer We can debate how much we need for mittee estimates, the Federal Govern- $600 million in integrated grants for security, but it does not make any ment has spent $9.16 per airline pas- the protection of transit, railroads, sense to place the burden for new DHS senger each year on enhanced security ports, highways and energy facilities. revenue on an airline industry that is measures, while spending less than a This odd realignment of the grant bordering on total bankruptcy, when at penny annually per person on security process adds layers of bureaucracy, fur- the same time the administration is measures for other modes of transpor- ther diminishes accountability and dis- demanding that its unaffordable tax tation. tribution of these critical funds, and it cuts be made permanent. Port security and safe maritime is directly contrary to the law Con- The airlines have argued convinc- transportation is of particular interest gress enacted just 6 months ago. It also ingly that they cannot pass along in- to me. They are absolutely essential shields the fact that the administra- creased security fees to the passengers for my state of Hawaii, its economic tion is using the same limited pot of in their highly competitive industry. health, and the life and livelihood of its money, extending it to a wider range of Few of the carriers have managed even citizens. Chairman STEVENS’ state of grantees, and making them compete modest periods of profitability since Alaska is similarly situated, and I against one another when each of their September 11. I must remind people in know port security is of great impor- projects merit grant funding. this town, who often have a short and tance to him as well. The administration also proposes es- selective memory, that by a vote of 100 Apparently, though, we need to re- tablishing a new Office of Screening to 0 in the Senate and 410 to 9 in the mind the Administration—and perhaps Coordination and Operations, SCO, House, this Congress chose to make within the Border and Transportation the nominee—that 95 percent of the transportation security a national se- Security, BTS, Directorate. This new Nation’s cargo comes through the curity function. Funding homeland se- entity would purportedly coordinate ports. The security initiatives at most curity is a Federal responsibility. ports have been, to this point, woefully procedures to identify and interdict Given the many misplaced priorities underfunded, and most are ill prepared people, cargo and other entities that that I see in the President’s Budget for an attack. Unfortunately, our mari- pose a threat to homeland security. proposal, it is clear that the Congress This short-sighted proposal calls for time system is only as strong as its needs to help refocus the Department. cutting over 70 percent of TSA’s fund- weakest link. If there is an incident at Let me state here before my col- ing for rail, trucking, pipeline, and any one port, the whole system will leagues and for the record, the Senate hazmat security-related initiatives. screech to a halt, as we scramble to en- Commerce Committee will not stall in The ‘‘streamlining of duplicative pro- sure security at other ports. If we had its efforts to continue developing com- grams and activities’’ effectively elimi- to shut down our entire port system, prehensive, bipartisan legislation to nates TSA’s role in allocating trans- the economic damage would be wide- strengthen port, rail, and intercity bus portation security grants, maritime re- security, regardless of the Bush admin- spread, catastrophic and possibly irre- search and development grants, and istration’s repeated refusal to support versible. cedes its regulatory authority to de- Judge Chertoff has many tools at his or properly address these critical ini- velop the Transportation Worker Iden- disposal to protect our maritime and tiatives. Our national transportation tity Credential, TWIC, program. In shipping interests, both through the system remains an inviting target for short, this budget ignores congres- TSA and the U.S. Coast Guard. Our na- terrorists. The system is vulnerable, sional direction, transfers these func- tional shore line extends for thousands and an attack could cause widespread, tions back to agencies that operate in of miles, with key cities and facilities a stovepipe manner and do not have catastrophic economic damage. In fact, located all along the coasts. Whether it regulatory authority for credentialing, in his most recent video tape, Osama is monitoring, credentialing, or in- and decimates TSA’s Office of Mari- bin Laden stated plainly that bank- specting cargo, there is no doubt, port time and Land. rupting the United States was a pri- security is a daunting and difficult Regarding rail security, the adminis- mary, al-Qaida goal, and given al- task. tration’s budget fails to propose any Qaida’s previous attacks, it is clear If Judge Chertoff has difficulty un- dedicated funding or specific programs that transportation systems are high derstanding the importance of im- to address rail security, and given their on their target list. proved port security, there are 14 mem- proposal to eliminate support for Am- So I come to the floor today to in- bers of our committee with major ports trak, it is clear that the administra- form my colleagues and the adminis- in their State, and I am sure each tion is not interested in rail service let tration that, I, along with many of my would be more than willing to help pro- alone rail security. The recent rail ac- fellow Commerce Committee members, vide greater clarity. cident in South Carolina and the re- will be introducing a transportation se- Even though we all recognize the sulting chlorine gas spill remind us curity reauthorization proposal, which overwhelming task of port security, that our rail system presents unique will provide further direction to the the President’s Budget does not do vulnerabilities that, if exploited, could Department’s cargo security functions, enough. It is true that the Coast Guard cause irreparable economic and phys- strengthen aviation, maritime, rail, increases 7.5 percent over the previous ical damage to communities across the hazardous materials, and pipeline secu- fiscal year, which seems laudable. How- country. rity efforts, and improve interagency ever, when you look at the numbers, it TSA has undertaken several small- cooperation. becomes clear that the administra- scale, ad hoc, efforts to strengthen rail The proposal will incorporate several tion’s request—for the third year in a security, from rail passenger screening Commerce Committee-reported and row—does not recognize that in addi- pilot tests to rail corridor threat as- Senate-passed bills from the prior Con- tion to the Coast Guard’s ever-increas- sessments in specific corridors. But the gress and will also put forth new ideas ing port securities duties, it must still administration’s lack of support for to enhance transportation security continue critical functions like search dedicated funding or programs—beyond across all modes of transportation. and rescue efforts and enforcement of what the Congress has forced upon the For port security, we will seek to im- coastal and fisheries laws. There is no agency through the appropriations prove interagency cooperation by fur- question that we must provide for in- process—reflects the low priority that ther developing joint operation com- creased security, but there is also no TSA leadership and the administration mand centers. Additionally, our bill question that other critical missions place on this important work. They be- will clarify the roles and responsibil- also impact the free flow of maritime have as if September 11 never hap- ities for cargo security programs, while commerce. pened. establishing criteria for contingency In addition to not providing enough The budget proposal for aviation se- response plans. Our legislation will fur- funding for Coast Guard activities, the curity appears on paper to increase by ther encourage the development of ef- President’s budget also proposes to de- $156 million, but this funding depends fective technologies that detect ter- velop a Targeted Infrastructure Protec- on $1.5 billion in new revenues raised rorist threats by setting a minimum tion Program, TIPP, within the Office through increased security fees on air- level of R&D funding related to mari- of State and Local Government Coordi- line passengers. time and land security.

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2005 CONGRESSIONAL RECORD — SENATE S1385 To address aviation, we will take sev- have enormous respect and affection tible to multiple interpretations. They eral steps to strengthen the existing, for my colleague from New England, are not ambiguous. They do not sug- professional, screening workforce but on this occasion I believe his com- gest the need to refresh the nominee’s through improved training of personnel ments were well off the mark. Here are recollection. They do not invite specu- and by directing a more appropriate some of the words my colleague spoke: lation as to what the nominee meant. use of TSA’s resources. Additionally, Our problems with the administration on And there is only one reason why some we will seek to streamline and improve this nomination pale in comparison with the of our colleagues would feel the need to collection of airline and passenger se- failure of the Senate Republican majority to ask other people about what they said curity fees to promote a more efficient carry out its own constitutional responsibil- to Judge Chertoff, and that is, if we did ities on this nomination. Instead of insisting and healthy aviation industry. on adequate answers to questions raised by not believe him. For rail security, we will incorporate the documents, they have acquiesced in the This is a distinguished public serv- an updated version of the Rail Security Government’s coverup and abdicated their ant, a sitting Federal judge who is tes- Act of 2004, which the Senate passed by own independent constitutional responsi- tifying before our committee under unanimous consent last year, and we bility to provide advice and consent. oath. There is no reason to doubt his will feature new efforts to ensure the I sincerely believe that were I fortu- testimony. His testimony was clear, it security of hazardous materials that nate enough to have the senior Senator was forthright, it was candid. It is de- are shipped by rail. from Massachusetts serve on the com- meaning to suggest that somehow we To address the security needs of our mittee the Presiding Officer and I serve need to probe this further because we other surface transportation modes, on, he would never have said those do not believe this distinguished public the proposal will include funding to words or reached such a harsh judg- official. improve intercity bus security, ment. I asked this question yesterday, but I strengthened hazardous material trans- He went on in his statement to call am going to repeat it again: Since portation security efforts, new security these proceedings ‘‘a blatantly defec- when have we become so cynical about guidelines for truck rental and leasing tive consent.’’ Again, I so wish that the good people who are willing to step for- operations, and the development of senior Senator from Massachusetts had ward, sacrifice, and serve our country? pipeline security incident recovery had the opportunity to participate in How could our colleagues from Michi- plans. our committee’s process. He would gan and Massachusetts come to this I look forward to working with Judge have found that our committee has the floor, praise Judge Chertoff, pledge to Chertoff, the TSA, and the administra- most thorough process for considering vote to confirm him, and then condemn tion on this effort, and I remain hope- nominations of any committee in the the nomination process when we have ful that his new leadership at DHS will entire Senate. I believe our committee concluded that the judge gave us truth- inspire the requisite commitment and is the only one, for example, that has ful, straightforward answers, and we dedication necessary to meet the secu- the staff on both sides of the aisle have no reason to doubt the answers he rity challenges ahead. The work will interview the nominee. We posed to gave us? He was not evasive. He was not be easy. While most of us recognize Judge Chertoff 250 written questions, straightforward. It does not make the improvements that have been made both before the hearing and after the sense to criticize the process because in airline security over the last few hearing. We had a lengthy hearing in the committee refuses to engage in an years, others are pushing to roll back which members on both sides of the exercise that, at its core, is built upon the progress that we have made. aisle were free to ask the toughest the premise that Judge Chertoff is Despite that progress, there are some questions possible to the nominee. somehow being less than truthful with that continue to urge TSA to return to There was no limit on the questions the committee. I reject that premise. the days of private security screening that could be submitted for the record, There is no basis for it. companies, like Argenbright Security and the nominee sat for hours pa- Let me close these remarks by saying and its underpaid, poorly trained work- tiently, fully, and candidly answering a word about the Senate’s constitu- force. These efforts are not just short- the questions posed to him by the tional role of advise and consent be- sighted, they disregard a national im- members of the committee. So I be- cause I think a lot that has been said perative to treat transportation secu- lieve that the judgment of the Senator about this role misses an essential rity as a national security function, from Massachusetts does not reflect point. and they should be quickly dismissed the process we undertook for this We, the Senate, advise and consent. by the administration. I call on Judge nominee. I truly wish he could have It is the President who appoints. We do Chertoff to clarify DHS’s position on seen the process because I think he not appoint. Sometimes I think some this matter quickly, so the country can would have reached a different conclu- of my colleagues believe the Senate continue to have faith in the security sion. And I say that with a great deal should do all of the appointing for the efforts we have come to expect when of personal affection for my friend President, but that is not how the sys- flying. from Massachusetts. tem works. That is not how our Con- Similarly, TSA needs more resources The fact is, first, that Judge Chertoff stitution works. Indeed, as Professor and attention paid to port, rail, motor has undergone intense scrutiny by the Laurence Tribe has noted—and he is a carrier, hazardous materials, and pipe- Homeland Security and Governmental liberal law scholar, not a conservative line security matters, not less, and I Affairs Committee. I cannot imagine one—the appointments clause ‘‘seeks am hopeful that Judge Chertoff will how anyone could conclude, given the to preserve an executive check upon make strengthening all areas of trans- number and the scope of questions legislative authority in the interest of portation security one of his top mis- posed to the judge, that this was some- avoiding an undue concentration of sions. how ‘‘defective consent.’’ power in Congress’’—in Congress—‘‘in We must take this opportunity to Second, on the issue of the e-mails executing our responsibilities.’’ continue moving in the right direction and the nominee’s knowledge of ques- We should do well to remember that and avoid taking steps backward. I sup- tionable interrogation techniques used it is the President who is appointing port the nomination of Michael by certain DOD personnel at Guanta- these positions. It is our job to advise Chertoff as Secretary of Homeland Se- namo, Judge Chertoff’s testimony and consent. We have performed that curity and look forward to working could not have been clearer. He told job well in this case. We subjected this with him to ensure that the American the committee under oath that he was nominee to extraordinary scrutiny, de- people can depend on a national trans- ‘‘not aware’’ of any practices at Guan- spite the fact that he has already been portation system that is as safe and se- tanamo that ‘‘even approach[ed] tor- confirmed by this body three previous cure as possible. ture.’’ He said he had ‘‘no knowledge’’ times. Nevertheless, as is appropriate, The PRESIDING OFFICER. The Sen- of any interrogation techniques other we went through a full confirmation ator from Maine is recognized. than those that he described as ‘‘plain process with a review of his biographi- Ms. COLLINS. Mr. President, earlier vanilla.’’ These are straightforward, cal questionnaire, his finances, with a today, the senior Senator from Massa- plain words—‘‘I was not aware’’; ‘‘I had full FBI check, with an extensive pub- chusetts spoke on this nomination. I no knowledge.’’ They are not suscep- lic hearing that stretched several

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1386 CONGRESSIONAL RECORD — SENATE February 15, 2005 hours, and with 250 written questions, ferent agencies, all important to pro- ican people, as he discussed this yester- primarily from Democratic members, tect this Nation in one way or the day on the floor, is a debate over the submitted to him for response. What other. He will be called upon to bolster right of the Senate and the American more can we ask? What more can we the efforts of our State and local law people to have information about the ask of a nominee who is simply step- enforcement officers, firefighters, way our Government does business. ping forward to answer the call to emergency response personnel, and in The information sought in the con- serve his country? And what more can the process of managing these 180,000 text of his nomination by Senator we ask of a Senate committee in car- employees, he doesn’t have enough peo- LEVIN would help us understand how rying out this solemn duty with which ple. Many of these 22 different agencies the administration arrived at those we are vested? he is responsible to manage are under- policy decisions and would help prevent As much as I have respect and affec- staffed. So he will have a tremendous similar mistakes in the future. tion for my colleague, the senior Sen- burden. No one would disagree—I shouldn’t ator from Massachusetts, I cannot let The people who work in these agen- say that. Very few people would dis- his comments pass. That is why I felt cies are public servants first in any agree that the policies undertaken in compelled to explain to all of my col- designation you want to make. They Guantanamo Bay, Afghanistan, and leagues what the process was and that are the frontline protection for com- Iraq dealing with interrogation which the Senator’s description simply does munities across the Nation. led to these brutal acts, the acts of tor- not reflect what was done. I am cer- Over the course of the last year, I ture, were wrong. These policies were tain—absolutely certain—that had he have held in Nevada what I call Front- used to justify forced nakedness. Keep in mind we live in a different environ- been a member of the committee, had line Focus roundtables. I am meeting ment than the people of Iraq. The shav- he joined with us in the nomination with firefighters, sheriffs, and emer- ing of the beards was demeaning to hearing, he would have reached an en- gency response personnel. It has been these men, but it was done many tirely different conclusion about the tremendously enlightening to me to times. They were placed in stressed po- integrity and thoroughness of the proc- talk to them about the problems that sitions. They were intimidated with ess. we have, from the communication and dogs, and on and on. We learned of I thank the Chair. resource challenges facing urban cen- these torture policies and their impact Mr. President, I do anticipate that ters such as Las Vegas and Reno, but not from this administration, as is our further of my colleagues will be com- also rural communities all over the right, but through leaks and lawsuits. ing to the floor. I will yield to them State of Nevada. They have special Leaks and lawsuits, unfortunately, is when that happens. needs, special demands. the way we have to learn much of what (The remarks of Ms. COLLINS per- Of course, I mentioned already Las Vegas with its booming tourist indus- is going on today. taining to the introduction of S. 380 are The shocking abuses—and there is no try. About 20 people an hour are mov- printed in today’s RECORD under other way you can describe it—at Abu ing into Las Vegas. It is growing and ‘‘Statements on Introduced Bills and Ghraib were revealed when the photo- the growth has not stopped. So Ne- Joint Resolutions.’’) graphs were released to the news vada’s homeland security needs run the Ms. COLLINS. I suggest the absence media. I can remember going upstairs of a quorum. gamut. Our State and local officials to S. 407 with other Senators and look- The PRESIDING OFFICER. The will need the support and help of Judge ing at the brutality and the porno- clerk will call the roll. Chertoff and the Department of Home- graphic nature of those pictures. Even The legislative clerk proceeded to land Security in the work they do. His for someone who has seen other acts of call the roll. job is a tough and challenging job, and torture and terror in the work that we Mr. REID. Mr. President, I ask unan- that is an understatement. do, it was overwhelming. I had no idea imous consent that the order for the I have confidence in Judge Chertoff. I that is what I would see that day. I quorum call be rescinded. am confident he will meet these chal- waited not too long before I left. I saw The PRESIDING OFFICER. Without lenges. It was less than 2 years ago enough in about 15 minutes, but I saw objection, it is so ordered. that we approved him by an over- a lot. Mr. REID. Mr. President, how much whelming vote of 88 to 1 to a lifetime Major General Taguba’s report inves- time is left on this side? appointment on the Court of Appeals of tigating the abuse at Abu Ghraib was The PRESIDING OFFICER. The Sen- the Third Circuit. But he was willing discovered after it, too, was leaked to ator has 22 minutes 30 seconds. to give up this lifetime appointment the press. Judge Gonzales’s January Mr. REID. Mr. President, I, first, for a job that will last probably 4 25th, 2002, memo advising the President want to express my appreciation to years. that the Geneva Conventions were someone I believe a star of the Senate Since his confirmation, the adminis- ‘‘quaint and obsolete’’ was not known and that is CARL LEVIN. CARL LEVIN is tration has been mired in controversy until it was leaked to the press 2 years such a good example to every Senator. over its handling of prisoners and de- later. The Senate only learned of the When you work on something with tainees. The administration policies August 1, 2002, Bybee torture memo CARL LEVIN, you can rest assured that have come under great scrutiny and we when it was leaked to the press in June he has read every word of it. He is need to learn, during the course of this of that year. someone who I am sure, before he came confirmation hearing, and we tried to I ask my colleagues, if this informa- to the Senate, was an outstanding law- do that, what role he may have played tion had not come to light, would the yer. I am so impressed with his ability in crafting these policies. administration disavow these prac- to do legal analysis, and I am so im- Judge Chertoff has testified before tices? I regret that in the context of pressed with his understanding of gov- the Homeland Security and Govern- this nomination the administration ernment generally. mental Affairs Committee that he was will again deny the Senate and the What we have here is something that not directly involved in the adminis- American people a full understanding is very typical for Senator LEVIN. The tration’s decision to gut the Geneva of how we embarked on a policy which nomination of Michael Chertoff to be Conventions and set out on a new and has imperiled our soldiers and our Na- Secretary of Homeland Security is very dangerous path with regard to interro- tion. important. This new Cabinet level of- gations. We have to take Judge In Judge Chertoff’s case, we know fice that has been created is so impor- Chertoff at his word, because the docu- during his tenure that torture policies tant. I think it has become one of the ment proof has either been denied to authorized by Justice and given effect most important posts that the Presi- Senators or otherwise has been so by the Department of Defense were dent has. We know how important the heavily redacted that it raises ques- hotly debated by DOD, Justice Depart- Secretary of Defense is, we know how tions about the role of the Criminal Di- ment, and FBI officials. We know this important the Secretary of State is, vision overseen by Judge Chertoff. only because a private group filed a but this is so important. The debate over his nomination, as freedom of information request for Judge Chertoff will be called upon to my colleague, Senator LEVIN, has such information. The request pro- manage some 180,000 employees, 22 dif- brought to the attention of the Amer- duced a series of redacted FBI emails

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2005 CONGRESSIONAL RECORD — SENATE S1387 that gave voice to the dissenters this somehow we will be able to get the Judge Chertoff has said he will be administration has tried to muzzle. names of these individuals and pursue proud to stand again with the men and The redactions prevent us from fully it more carefully and also find out women who form our front line against understanding that debate and how what the real words were; I am con- terror. I know I speak for many when I Criminal Division lawyers under Judge fident it was torture. One thing we say we are proud to have a man of his Chertoff’s supervision dealt with the know clearly from these memos is that caliber and talent serving and pro- FBI concerns that the torture policies the FBI says using our methods, the tecting the American people. were not only immoral but ineffectual. normal methods of interrogation, we Mr. President, I ask for the yeas and It prevents us from truly under- are getting more information from the nays. standing Judge Chertoff’s role and enemy than you are while using your The PRESIDING OFFICER. Is there a whether attorneys under his super- acts of violence. sufficient second? vision raised the issue with him di- I close by saying, again, I want this There appears to be a sufficient sec- rectly. He said he does not remember. I record spread with the fact that Sen- ond. accept the judge’s statement in that ator LEVIN has done a good thing for The question is, Will the Senate ad- regard. But that does not take away this country. He has done good work vise and consent to the nomination of from the necessity of being able to again in allowing us to look at an issue Michael Chertoff, of New Jersey, to be have this information. that should be a simple issue that has Secretary of Homeland Security? On In response to Senator LEVIN’s re- been made complicated by this admin- this question, the yeas and nays have quest for an unredacted version of the istration by virtue of their hiding what been ordered, and the clerk will call FBI emails, the administration issued it should not. the roll. its broadest assault against the Sen- Ms. COLLINS. Mr. President, I ask The bill clerk called the roll. ate’s duty to evaluate a nominee to get unanimous consent the quorum call I Mr. MCCONNELL. The following Sen- oversight of this administration. The am about to invoke be charged equally ator was necessarily absent: the Sen- administration claimed it would not to both sides. ator from Pennsylvania (Mr. SPECTER). turn over the unredacted emails be- The PRESIDING OFFICER. Without Mr. DURBIN. I announce that the cause to do so would violate the Pri- objection, it is so ordered. Senator from Montana (Mr. BAUCUS), is vacy Act, even though, through Senate Ms. COLLINS. Mr. President, I sug- necessarily absent. security, any classified information gest the absence of a quorum. The PRESIDING OFFICER. Are there would be protected. The Privacy Act is The PRESIDING OFFICER. The any other Senators in the Chamber de- designed to prevent the Government clerk will call the roll. siring to vote? The bill clerk proceeded to call the The result was announced—yeas 98, from disclosing personal information roll. nays 0, as follows: about private individuals who have not Mr. FRIST. Mr. President, I ask [Rollcall Vote No. 10 Ex.] consented to disclosure. It is not a tool unanimous consent that the order for to conceal identities of public officials YEAS—98 the quorum call be rescinded. Akaka Dole Martinez engaged in this Nation’s business. The PRESIDING OFFICER (Mr. As my colleague from Michigan, Sen- Alexander Domenici McCain BURR). Without objection, it is so or- Allard Dorgan McConnell ator LEVIN, has so forcefully stated, dered. Allen Durbin Mikulski the administration’s penchant for se- Bayh Ensign Murkowski Mr. FRIST. Mr. President, in a few Bennett Enzi crecy threatens each and every Sen- moments we will be voting on the nom- Murray ator’s ability to do the people’s busi- Biden Feingold Nelson (FL) ination of Judge Michael Chertoff to Bingaman Feinstein Nelson (NE) ness and undermines our role in pro- lead the Department of Homeland Se- Bond Frist Obama Boxer Graham viding advice and consent to the Presi- curity. I applaud President Bush for his Pryor dent’s nominees and undermines our Brownback Grassley Reed Bunning Gregg outstanding choice, and I am confident Reid role in conducting oversight into this Burns Hagel that Judge Chertoff will receive over- Roberts Burr Harkin administration. In the end, what is Rockefeller whelming support from both sides of Byrd Hatch most troubling is that the administra- Salazar the aisle, making this his fourth con- Cantwell Hutchison Santorum tion’s culture of secrecy may breed fur- Carper Inhofe firmation by this body, the Senate. Sarbanes ther abuses, abuses we know of today, Judge Chertoff has a long and distin- Chafee Inouye Chambliss Isakson Schumer not because of but in spite of the ad- guished career in public service and Sessions ministration’s effort. Clinton Jeffords law enforcement. Coburn Johnson Shelby We must overcome these roadblocks The Harvard Law magna cum laude Cochran Kennedy Smith put up by the administration because first made his name in the mid-1980s Coleman Kerry Snowe the job of protecting the homeland is Collins Kohl Stabenow putting away five of the biggest Mafia Conrad Kyl Stevens too important. Judge Chertoff will bosses in New York. Cornyn Landrieu Sununu have enormous challenges if he as- His success brought him the job of Corzine Lautenberg Talent sumes his new position, which I am U.S. attorney in New Jersey where he Craig Leahy Thomas confident he will. Border security, im- Crapo Levin Thune oversaw high-profile and politically Dayton Lieberman Vitter migration, port security, airport sensitive prosecutions. DeMint Lincoln Voinovich screening, protecting America’s crit- In 2001, Judge Chertoff was chosen by DeWine Lott Warner ical infrastructure, and so much more President Bush to lead the Justice De- Dodd Lugar Wyden will now fall under his purview. He has partment’s Criminal Division. It was NOT VOTING—2 pledged to work with the Congress in there that Judge Chertoff would show Baucus Specter crafting the Department’s policies. As his full mettle. For the 20 hours fol- The nomination was confirmed. much as possible, this must be a non- lowing the attacks on 9/11, Judge The PRESIDING OFFICER. The partisan exercise. Working together, Chertoff was central in directing our President will be immediately notified we can and we must put our country in response. of the Senate’s action. the strongest possible position to de- His team in the Criminal Division fend itself for the many threats we traced the 9/11 killers back to al-Qaida. f face. And for the next 2 years, Judge LEGISLATIVE SESSION In short, what I am criticizing and Chertoff helped craft our antiterrorism The PRESIDING OFFICER. Under complaining about, we have some policy. the previous order, the Senate will now emails from the FBI to the Justice De- His experience working directly with return to legislative session. partment, saying, in effect, how we law enforcement, his expertise in The majority leader. conduct our interrogations is appro- homeland and national security, and f priate. What the Department of De- his proven ability to lead in times of fense is doing with their brutality and national crisis make him overwhelm- MORNING BUSINESS their torture is wrong. I am convinced ingly qualified to direct our homeland Mr. FRIST. Mr. President, I ask that is true; the FBI was right. I hope security. unanimous consent that there now be a

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1388 CONGRESSIONAL RECORD — SENATE February 15, 2005 period for morning business with Sen- Will these regulations, if approved, apply to be entitled to preference. In addition, certain ators permitted to speak for up to 10 all employees otherwise covered by the CAA? family members (mainly spouses, widow[er]s, minutes each, with the exception of No. Subsection (5) of 2 U.S.C. 1316a, states and mothers) of preference eligible veterans that, for the purpose of application of these are entitled to the same rights and protec- Senator HAGEL who will follow my re- veterans’ employment rights, the term ‘‘cov- tions. marks for up to 15 minutes. ered employee’’ shall not apply to any em- The VEOA also makes applicable to the The PRESIDING OFFICER. Without ployee of an employing office: (A) whose ap- Legislative Branch certain statutory pref- objection, it is so ordered. pointment is made by the President with the erences in hiring. In the hiring process, a The Senator from Nebraska. advice and consent of the Senate; (B) whose preference eligible individual who is tested (The remarks of Mr. HAGEL, Mr. appointment is made by a Member of Con- or otherwise numerically evaluated for a po- gress or by a committee or subcommittee of sition is entitled to have either 5 or 10 points CRAIG, and Mr. ALEXANDER pertaining added to his/her score, depending on his/her to the introduction of S. 388 are printed either House of Congress; or (C) who is ap- pointed to a position, the duties of which are military service, or disabling condition. 5 in today’s RECORD under ‘‘Statements equivalent to those of a Senior Executive U.S.C. § 3309. Where experience is a quali- on Introduced Bills and Joint Resolu- Service position. . . .’’ These regulations fying element for a job, a preference eligible tions.) would apply to all other covered employees. individual is entitled to credit for having rel- evant experience in the military or in var- Mr. ALEXANDER. I suggest the ab- Do other veterans’ employment rights apply ious civil activities. 5 U.S.C. § 3311. Where sence of a quorum. via the CAA to Legislative Branch employing physical requirements (age, height, weight) offices and covered employees? Yes. Another The PRESIDING OFFICER (Mr. are a qualifying element for a position, pref- statutory scheme regarding veterans’ and HAGEL). The clerk will call the roll. erence eligible individuals (including those armed forces members’ employment rights is The assistant legislative clerk pro- who are disabled) may obtain a waiver of ceeded to call the roll. incorporated in part through section 206 of such requirements in certain circumstances. the Congressional Accountability Act of 1995 5 U.S.C. § 3512. Mr. FRIST. Mr. President, I ask (CAA). Section 206 of the CAA, 2 U.S.C. 1316, unanimous consent that the order for For certain positions (guards, elevator op- applies certain provisions of Title 38 of the erators, messengers, custodians), only pref- the quorum call be rescinded. U.S. Code regarding ‘‘Employment and Re- erence eligible individuals may be considered The PRESIDING OFFICER (Mr. employment Rights of Members of the Uni- for hiring so long as such individuals are ALEXANDER). Without objection, it is so formed Services.’’ Section 206 of the CAA available. 5 U.S.C. § 3310. (These statutory ordered. also requires the Board of Directors to issue provisions on hiring in the Executive Branch substantive regulations patterned upon the f apply specifically to the competitive service; regulations promulgated by the Secretary of this point will be discussed further below.) NOTICE OF PROPOSED Labor to implement the Title 38 rights of Finally, in prescribing retention rights dur- RULEMAKING members of the uniformed services. As of ing Reductions In Force for Executive this date, the Secretary of Labor has not fi- Branch positions (in both the competitive Mr. STEVENS. Mr. President, I ask nally promulgated any such regulations. unanimous consent that the attached and in the excepted service), the sections in Therefore, regulations implementing CAA subchapter I of chapter 35 of Title 5, U.S.C., statement from the Office of Compli- section 206 rights will not be proposed by the with a slightly modified definition of ‘‘pref- ance be printed in the RECORD today Board until the Labor Department regula- erence eligible,’’ require that employing pursuant to section 304(b)(1) of the Con- tions have been promulgated. The proposed agencies retain an employee with retention gressional Accountability Act of 1995 (2 regulations in this Notice are not based on preference in preference to other competing U.S.C. 1384(b)(1)). section 206 of the CAA, but solely on the employees, provided that the employee’s per- other veterans’ rights referenced in 2 U.S.C. formance has not been rated unacceptable. 5 There being no objection, the mate- 1316a. rial was ordered to be printed in the U.S.C. § 3502(c) (emphasis added). What are the veterans’ employment rights ap- Along with this explicit command to re- RECORD, as follows: plied to covered employees and employing of- tain qualifying employees with retention FROM THE BOARD OF DIRECTORS OF THE fices in 2 U.S.C. 1316a? In recognition of preference, agencies are to follow regula- OFFICE OF COMPLIANCE their duty to country, sacrifice, and excep- tions governing the release of competing em- Notice of Proposed Rulemaking, and Request tional capabilities and skills, the United ployees, giving ‘‘due effect’’ to the following for Comments From Interested Parties States government has accorded veterans a factors: (a) employment tenure (i.e., type of preference in federal employment through a NEW PROPOSED REGULATIONS IMPLE- appointment); (b) veterans’ preference; (c) series of statutes and Executive Orders, be- MENTING CERTAIN SUBSTANTIVE EM- length of service; and, (d) performance rat- ginning as the Civil War drew to a close. PLOYMENT RIGHTS AND PROTECTIONS ings. 5 U.S.C. § 3502(a). 5 U.S.C. § 3502 also re- While interpreting regulations have been FOR VETERANS, AS REQUIRED BY 2 U.S.C. quires certain notification procedures, pro- modified over time, many of the current core 1316a, THE CONGRESSIONAL ACCOUNT- viding, inter alia, that an employing agency statutory protections have remained largely ABILITY ACT OF 1995, AS AMENDED (CAA). must provide an employee with 60 days writ- unchanged since they were first codified in ten notice (the period may be reduced in cer- Background the historic Veterans’ Preference Act of 1944, tain circumstances) prior to being released The purpose of this Notice is to issue pro- Act of June 27, 1944, ch. 287, 58 Stat. 387, during a RIF. 5 U.S.C. § 3502(d)(1). Certain posed substantive regulations which will im- amended and codified in various provisions protections also apply in connection with a plement the 1998 amendment to the CAA of Title 5, U.S.C. In 1998, Congress passed the transfer of agency functions from one agency which applies certain veterans’ employment Veterans Employment Opportunities Act to another. 5 U.S.C. § 3503. In addition, where rights and protections to employing offices (‘‘VEOA’’), Pub. L. 105–339, 112 Stat. 3186 (Oc- physical requirements (age, height, weight) and employees covered by the CAA. tober 31, 1998), which ‘‘strengthen[s] and are a qualifying element for retention, pref- What is the authority under the CAA for broadens’’(Sen. Rept. 105–340, 105 Cong., 2d erence eligible individuals (including those these proposed substantive regulations? In Sess. at 19 (Sept. 21, 1998)) the rights and with disabilities) may obtain a waiver of 1998, the CAA was amended through addition remedies available to military veterans who such requirements in certain circumstances. of 2 U.S.C. 1316a, a provision of the Veterans’ are entitled to preferred consideration in 5 U.S.C. § 3504. Employment Opportunities Act of 1998 hiring and in retention during reductions in Are there veterans’ employment regulations (VEOA), which states in relevant part: ‘‘The force (‘‘RIFs’’). Among other provisions of already in force under the CAA? No. rights and protections established under sec- the VEOA, Congress clearly stated, in the Procedurals Summary tion 2108, sections 3309 through 3312, and sub- law itself, that henceforth the ‘‘rights and How are substantive regulations proposed chapter I of chapter 35 of Title 5, shall apply protections’’ of certain veterans’ preference and approved under the CAA? Pursuant to to covered employees.’’ As will be described law provisions, originally drafted to cover section 304 of the CAA, 2 U.S.C. 1384, the pro- in greater detail below, these sections of certain Executive Branch employees, ‘‘shall cedure for promulgating such substantive Title 5 accord certain hiring and retention apply’’ to certain ‘‘covered employees’’ in regulations requires that: (1) the Board of rights to veterans of the uniformed services. the Legislative Branch. VEOA §§ 4(c)(1) and Directors adopt proposed substantive regula- Section 1316a(4)(B) states that ‘‘The regula- (5) (emphasis added). tions and publish a general notice of pro- tions issued . . . shall be the same as the The selected statutory sections which Con- posed rulemaking in the Congressional most relevant substantive regulations (appli- gress determined ‘‘shall apply’’ to covered Record; (2) there be a comment period of at cable with respect to the Executive Branch) employees in the Legislative Branch include, least 30 days after the date of publication of promulgated to implement the statutory first, a definitional section describing the the general notice of proposed rulemaking; provisions . . . except insofar as the Board categories of military veterans who are enti- (3) after consideration of comments by the may determine for good cause shown and tled to preference (‘‘preference eligibles’’). 5 Board of Directors, that the Board adopt reg- stated together with the regulation, that a U.S.C. § 2108. Generally, a veteran must be ulations and transmit notice of such action modification of such regulations would be disabled or have served on active duty in the together with the regulations and a rec- more effective for the implementation of the Armed Forces during certain specified time ommendation regarding the method for Con- rights and protections under this section.’’ periods or in specified military campaigns to gressional approval of the regulations to the

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2005 CONGRESSIONAL RECORD — SENATE S1389 Speaker of the House and President pro tem- for the various statutory provisions, with which the Board previously proposed? In the pore of the Senate for publication in the Con- the caveat that the regulations governing period since the initial proposed regulations gressional Record; (4) committee referral and hiring would apply only to those employees were issued by the Board of Directors and action on the proposed regulations by resolu- whom the Board currently deemed working commented upon by various stakeholders, tion in each House, concurrent resolution, or at jobs equivalent to the competitive service the Office of Compliance has engaged in ex- by joint resolution; and (5) final publication (e.g. the Office of the Architect of the Cap- tensive informal discussions with various of the approved regulations in the Congres- itol). The NPR acknowledged: ‘‘The Board stakeholders across Congress and the Legis- sional Record, with an effective date pre- recognizes that the adoption of these defini- lative Branch, in an effort to ascertain how scribed in the final publication. For more de- tions (e.g., competitive and excepted serv- best to effect the basic purposes of veterans’ tail, please reference the text of 2 U.S.C. ices], consistent with the mandate of section employment rights in the Legislative 1384. This Notice of Proposed Rulemaking is 225 [of the CAA], yields an unusual result in Branch. step (1) of the outline set forth above. that no ‘‘covered employee’’ in the Legisla- After careful consultation and delibera- tive Branch currently satisfies the definition tion, the Board is issuing new proposed regu- Are these proposed regulations also rec- of ‘‘competitive service.’’ Moreover, as the lations which differ in many respects from ommended by the Office of Compliance’s Ex- substantive protections of veterans’’ pref- the initial proposed regulations. The new ap- ecutive Director, the Deputy Executive Direc- erence in Legislative Branch appointment proach is responsive to the clear statutory tor for the House of Representatives, and the apply only to ‘‘competitive service’ posi- mandate contained in the VEOA, and to var- As Deputy Executive Director for the Senate? tions, the regulations which the Board pro- ious Comments regarding the initial pro- required by section 304(b)(1) of the CAA, 2 poses regarding preference in appointment posed regulations. This approach also applies U.S.C. 1384(b)(1), the substance of these regu- would with one noted exception [employees insights gained from the informal discus- lations is also recommended by the Execu- appointed under the Architect of the Capitol sions with stakeholders. tive Director, the Deputy Executive Director Human Resources Act], currently apply to The Board has decided to apply the plain for the House of Representatives and the no one. . . .’’ This left the Board in the posi- language of the statutory provisions to all Acting Deputy Executive Director for the tion of drafting intricate regulations that covered employees in the Legislative Senate. may have applied to only a minority of ‘‘cov- Branch. By doing so, the Board avoids what Has the Board of Directors previously pro- ered employees,’’ or perhaps even to no ‘‘cov- commenting employing offices styled as the posed substantive regulations implementing ered employees’’ at all—a result in obvious ‘‘anomaly’’ of complicated regulations which these veterans’ employment rights and bene- tension with the VEOA’s statutory mandate would practically apply to no employees, an fits pursuant to 2 U.S.C. 1316a? Yes. On Feb- that these veterans’ protections ‘‘shall anomaly which not only poorly served the ruary 28, 2000, and March 9, 2000, the Office apply’’ to ‘‘covered employees’’ in the Legis- clear Congressional intent that protections published an Advanced Notice of Proposed lative Branch. ‘‘shall apply to covered employees,’’ but Rulemaking (‘‘ANPR’’) in the Congressional The Board received Comments to its initial which also created confusion for the employ- Record (144 Cong. Rec. S862 (daily ed., Feb. 28, proposed regulations from the Office of the ing offices. 2000), H916 (daily ed., March 9, 2000)). On De- Architect of the Capitol, the Office of House Not only is application of these rights to cember 6, 2001, upon consideration of the Employment Counsel, and the Office of the all covered employees compelled by the plain comments to the ANPR, the Office published Senate Chief Counsel for Employment, all language of the statute, the legislative his- a Notice of Proposed Rulemaking (‘‘NPR’’) in finding fault with the initial approach. The tory of the VEOA also clearly indicates that the Congressional Record ( 147 Cong. Rec. Comments generally included the following the principles of veterans’ preference protec- S12539 (daily ed. Dec. 6, 2001), H9065 (daily ed. observations. First, commenting offices tions must be applied in the Legislative Dec. 6, 2001)). The Board has not acted fur- noted that the Board’s approach of drafting Branch. The authoritative report of the Sen- ther on those earlier Notices, and has de- intricate regulations that may not apply to ate Committee on Veterans’ Affairs (Senate cided to issue this Notice as the first step in any covered employees creates more prob- Report 105–340, pages 15 & 17), recognized a new effort to promulgate implementing lems than it solves. This approach was seen that the competitive service did not exist in regulations. as ‘‘impracticable,’’ ‘‘obfuscating’’ the true the Legislative Branch, and that 2 U.S.C. As noted above, 2 U.S.C. 1316a mandates sense of the VEOA and what requirements in 1316a did not require the establishment of application to the Legislative Branch of cer- fact must apply to employing offices; it was such a competitive service. Nonetheless, the tain statutory provisions originally drafted seen, in effect, as an attempt to ‘‘place a Committee noted that veterans’ preference for the Executive Branch. In its initial pro- square peg in a round hole.’’ Others charged principles should be incorporated into the posed rules, the Board noted that this statu- that the adoption of such regulations went Legislative Branch personnel systems. For these reasons, the Board is persuaded tory command raised the quandary of deter- beyond the Board’s statutory authorization, that Congress, in enacting the VEOA’s ex- mining which Legislative Branch employees and would require, without basis in law, the tension of veterans’ employment rights to should be covered by which statutory provi- employing offices to adopt complicated pro- cedures, some governing employment deci- the Legislative Branch, intended a broad ap- sions. There are longstanding and significant plication to all CAA covered employees, ex- differences between the personnel policies sions that affected only non-veteran appli- cants or employees. A commenting office cept for the staff of those employing offices and practices within these two branches. For in the House of Representatives and the Sen- instance, the Executive Branch distinguishes also complained about the application of terms ‘‘foreign and inapplicable’’ to its per- ate which Congress specifically excluded between employees in the ‘‘competitive serv- from coverage in section 206a(5) of the CAA ice’’ and the ‘‘excepted service,’’ often with sonnel system. Employing offices also sub- mitted that statutes drafted for the Execu- (2 U.S.C. § 1316a(5)).This result is faithful to differing personnel rules applying to these tive Branch competitive service should not the statutory language. Furthermore, the two services. The Legislative Branch has no apply at all to any Legislative Branch em- Board has concluded, for the reasons stated such dichotomy. ployee. above, that the most relevant substantive When Congress directed in the VEOA that Furthermore, one employing office com- Executive Branch OPM regulations are at certain veterans’ employment rights and mented that such modification of OPM regu- times inapposite to a meaningful implemen- protections currently applicable to Execu- lations does not constitute an adoption of tation of the VEOA in the Legislative tive Branch employees shall be made appli- the ‘‘most relevant regulations,’’ as regula- Branch, such that a modification of the regu- cable to Legislative Branch employees, the tions that apply to no covered employees can lations is necessary for the effective imple- Board took note of a central distinction not possibly be the most relevant regula- mentation of the rights and protections made in the underlying statute: certain vet- tions applicable. As another commenting of- under the VEOA. As a result, the Office is erans’ preference protections (regarding hir- fice aptly put it, ‘‘Unfortunately, the unin- proposing regulations that reflect the prin- ing) applied only to Executive Branch em- tended result could very well be that the un- ciples of the veterans’ preference laws, as ployees in the ‘‘competitive’’ service, while derlying principles of the veterans’ pref- discussed by the Senate Committee on Vet- others (governing reductions in force and erence laws would lie fallow while the af- erans Affairs, without linking such coverage transfers) applied both to the ‘‘competitive’’ fected legislative branch entities struggle to employees or positions with competitive and ‘‘excepted’’ service. with the task of adopting civil-service type service status. The Board’s initial approach in 2000 was to personnel management systems.’’ Comments Furthermore, the Board has also taken maintain this distinction by attempting to of the Office of House Employment Counsel, note of the legislative history suggesting discern which Legislative Branch employees Feb. 6, 2002 at 9. Additionally, all three em- that employing offices with employees cov- should be considered as working in positions ploying offices argued that the Board should ered by the VEOA should create systems in- equivalent to the ‘‘competitive’’ service, and issue three individual sets of regulations (to corporating these veterans’ preference prin- which should be considered equivalent to the pertain to the Senate, House, and covered ciples: ‘‘The Committee notes that the re- ‘‘excepted’’ service. At that point, the Board Congressional instrumentalities), rather quirement that veterans’ preference prin- concluded that all Legislative Branch em- than one set. Finally, the Office of the Archi- ciples be extended to the legislative and judi- ployees, with certain possible exceptions tect of the Capitol also argued that the Ar- cial branches does not mandate the creation (such as those of the Office of the Architect chitect of the Capitol Human Resources Act of civil service-type evaluation or scoring of the Capitol) should be considered excepted did not create a competitive service in the systems by these hiring entities. It does re- service employees. The Board therefore sense of the veterans’ preference laws. quire, however, that they create systems issued regulations, closely following Office of How are the regulations being proposed in that are consistent with the underlying prin- Personnel Management (‘‘OPM’’) regulations this Notice different from those regulations ciples of veterans’ preference laws.’’ Sen.

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1390 CONGRESSIONAL RECORD — SENATE February 15, 2005 Comm. Report at 17. The implementation of Board hopes to allay the concerns of some of ploying offices with the responsibility of that provision in the Senate Report can only the employing offices, expressed in the ini- duly factoring the veterans’ preference prin- be accomplished by the employing offices. tial Comments, that a ‘‘morass’’ of intricate ciples into their individualized hiring and re- In their Comments, employing offices regulations would apply to decisions that did tention processes. We will require that such strongly expressed their need to preserve not affect preference eligibles. (One isolated, measures be substantive and verifiable. Oth- their autonomy in determining and admin- but necessary exception to this approach erwise, VEOA implementation would be illu- istering their respective personnel systems. limiting the effect of the regulations to per- sory and the Office’s remedial responsibility For example, the Office of the Architect of sonnel actions involving preference eligibles under 2 U.S.C.1316a(3) might be com- the Capitol commented that it was incum- is proposed § 1.115, governing the transfer of promised. bent upon the employing offices to create functions between one employing office and Therefore, the proposed regulations would ‘‘systems that are consistent with the under- another, and the replacement of one employ- require that all employing offices with cov- lying principles of veterans’’ preference ing office by another. This section provides ered employees or seeking applicants for laws,’’ pursuant to the Senate Committee protections for all covered employees, as the covered positions develop a written program, Report. The Board agrees, and the newly pro- term is defined and limited in the VEOA, in- within 120 days of the Congressional ap- posed regulations allow employing offices to cluding non-preference eligibles. The clear proval of the regulations, setting forth each do so. What the regulations also do is clearly statutory language of 5 U.S.C. § 3503 (apply- employing office’s modality for effecting the define the ‘‘underlying principles of vet- ing to both the competitive and excepted veterans’ preference principles in its hiring erans’’ preference laws’’ made applicable to services) commands this result. Congress and retention systems. These programs these employing offices, so as to provide a chose to include this broad statutory provi- would demonstrate each employing office’s benchmark for the employing offices, appli- sion in the set of provisions made applicable efforts to comply with the VEOA. However, cants, and covered employees, as to whether to the Legislative Branch in the VEOA.) technical promulgation of such procedures the systems developed are consistent with The overall discretion and autonomy re- does not per se relieve an employing office of these principles. served to employing offices to administer substantive compliance with the VEOA. Similarly, Subpart E of the proposed regu- veterans’ preference protections within the What is the approach taken by these re- lations contains various important provi- context of their personnel systems comes vamped proposed substantive regulations? sions governing recordkeeping, dissemina- with a responsibility on the part of the em- The Board has taken great heed to avoid the tion of VEOA policies, written notice prior ploying offices to provide all applicants for intricate, OPM-like regulations that formed to a RIF, and informational requirements re- the basis for its first proposed regulations. covered positions and all covered employees garding veterans’ preference determinations. Under the current proposed regulations, em- with certain notice and informational rights, Certain of these provisions (notably that re- ploying offices will retain their wide lati- as discussed below. This is to ensure that quiring written notice prior to a RIF) derive tude, not similarly enjoyed by many employ- employing offices are equipped with all in- directly from statutory provisions made ap- ing agencies in the Executive Branch, to de- formation necessary to determine and ad- plicable to covered employees by the VEOA. vise and administer their own unique and minister veterans’ preference eligibility and The Board has adopted others so as to ensure often flexible personnel systems. However, that such applicants and employees are prop- that the employing offices, which have sig- employing offices with covered employees erly informed of how their employing office nificant autonomy and discretion in inte- must incorporate into these individual per- has chosen to give life to the veterans’ pref- grating the veterans’ preference require- sonnel systems the basic veterans’ pref- erence protections. ments into their personnel systems, admin- erence protections under the specific statu- In sum, should an employing offices al- ister the preferences in a way that promotes tory mandate that Congress issued in the ready use personnel policies and procedures accountability and transparency. In response VEOA, and they must carry out the adminis- similar to those in the competitive service, to the earlier Comments of the employing of- tration of these veterans’ preference provi- it must factor in the various veterans’ pref- fices, however, the Board has refrained from sions in a manner consistent with the erence protections with respect to applicants adopting more burdensome procedural re- Board’s commitment to promoting adminis- for covered positions and covered employees. quirements, such as keeping formal reten- trative transparency and accountability. If an employing office chooses to follow more tion registers (see 5 CFR § 351.505). Under this approach, employing offices flexible, or merely different, personnel poli- Are there substantive differences in the pro- with the specified covered employees must cies from those referenced in the competitive posed regulations for the House of Rep- meet the requirements contained in the stat- service, it may do so—but may not refuse to resentatives, the Senate, and the other em- utory mandate of the VEOA, but need not apply the veterans’ preferences called for in ploying offices? No. The Board of Directors necessarily adopt any of the trappings of an the statute. This would contravene the clear has identified no ‘‘good cause’’ for varying OPM-like personnel system. Thus, should statutory directive to affirmatively apply the text of these regulations. Therefore, if such an employing office choose to admin- the veterans’ preference protections to the these proposed regulations are approved as ister numeric evaluations of applicants for a specified covered employees in the Legisla- proposed, there will be one text applicable to position, it must add to a preference eligi- tive Branch. all employing offices and covered employees. ble’s evaluation the points called for in the In proposing these regulations, the Board Are these proposed substantive regulations veterans’ preference statutes. If it does not has sought to remain faithful to the explicit available to persons with disabilities in an al- numerically evaluate applicants, it must de- statutory language of the VEOA. In some ternate format? This Notice of Proposed Reg- termine how it will factor veterans’ pref- cases, we have been guided by OPM veterans’ ulations is available on the Office of Compli- erence status into its employee evaluations preference implementing regulations. In ance web site, www.compliance.gov, which is and hiring decisions at a level commensurate many cases, ‘‘for good cause shown,’’ we compliant with section 508 of the Rehabilita- with the statutory directive. Similarly, have not adopted the OPM regulations so as tion Act of 1973 as amended, 29 U.S.C. 794d. should an employing office currently have a to tailor simpler and more streamlined regu- This Notice can also be made available in policy of placing covered employees who lations. We have issued proposed regulations large print or Braille. Requests for this No- may be potentially subject to a reduction in based on the direct statutory language when- tice in an alternative format should be made force on a retention register, it must rank ever possible, reserving implementation to to: Alma Candelaria, Deputy Executive Di- said employees taking into account the di- the individual employing offices, who then rector, Office of Compliance, 110 2nd Street, rectives of the veterans’ preference statute. are charged with crafting their own proc- S.E., Room LA–200, Washington, D.C. 20540; Should an employing office elect not to keep esses and procedures for integrating vet- 202–724–9226; TDD: 202–426–1912; FAX: 202–426– formal retention registers, nothing in these erans’ preference protections within their 1913. regulations requires it to start doing so. It personnel systems. 30 Day Comment Period Regarding the still must, however, follow the statutory Therefore, in accord with 2 Proposed Regulations U.S.C.1316a(4)(B), which mandates that ‘‘the mandate to provide certain veterans’ pref- How can I submit comments regarding the Board may determine, for good cause shown erences in the course of a reduction in force proposed regulations? Comments regarding that affects employees covered by the VEOA. and stated . . . a modification of such regu- the proposed new regulations of the Office of The goal of preserving employing office au- lations would be more effective for the im- Compliance set forth in this NOTICE are in- plementation of the rights and protections tonomy in fashioning personnel systems has vited for a period of thirty (30) days fol- further compelled the Board to minimize the under this section,’’ these proposed regula- lowing the date of the appearance of this NO- impact of these proposed regulations on em- tions may not track the most relevant sub- TICE in the Congressional Record. In addition ployment decisions not directly involving stantive regulations applicable with respect to being posted on the Office of Compliance’s preference eligibles. Thus, unlike the initial to the Executive Branch. However, the pro- section 508 compliant web site proposed regulations, should an employing posed regulations endeavor, to the maximum (www.compliance.gov) this NOTICE is also office properly determine that no preference practical extent, to effect the veterans’ pref- available in the following alternative for- eligibles are qualified applicants, or that no erence principles that Congress made appli- mats: Large Print, Braille. Requests for this preference eligibles are subject to a RIF, cable to the Legislative Branch through sec- NOTICE in an alternative format should be these proposed regulations are designed so as tion 206a(2) of the CAA, 2 U.S.C. § 1316a(2). made to: Bill Thompson, Executive Director, not to govern the employment decisions What responsibilities would employing of- or Alma Candelaria, Deputy Executive Di- taken by the employing office. By allowing fices have in effectively implementing these rector, Office of Compliance, at 202–724–9250 for such employing office autonomy, the regulations? The Board is charging the em- (voice) or 202–426–1912 (TDD).

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2005 CONGRESSIONAL RECORD — SENATE S1391 Submission of comments must be made in The term ‘‘appointment’’ is defined as an comments, supra, the Board has at times de- writing to the Executive Director, Office of individual’s appointment to employment in viated from the regulations which otherwise Compliance, 110 Second Street, S.E., Room a covered position. Consistent with the OPM were most applicable, i.e. the regulations LA–200, Washington, D.C. 20540–1999. It is re- regulations in 5 C.F.R. § 211.102(c), the term issued by OPM implementing these selected quested, but not required, that an electronic excludes inservice placement actions such as provisions of U.S.C. Title V. When the Board version of any comments be provided on an promotions. The term ‘‘covered employee’’ has so deviated from the OPM regulations, it accompanying computer disk. Comments follows the language of section 101(3) of the has done so in an effort to implement the may also be submitted by facsimile to the CAA, as limited by section 4(c)(5) of the statutory language of the VEOA in a way Executive Director at 202–426–1913 (a non- VEOA. Section 4(c)(5) of the VEOA excludes that respects the autonomy of employing of- toll-free number.) Those wishing to receive employees whose appointment is made by a fices’ personnel systems and avoids placing confirmation of the receipt of their com- committee or subcommittee of either House undue administrative burdens upon these of- ments must provide a self-addressed, of Congress. The Board believes this statu- fices, and that otherwise respects the legisla- stamped post card with their submission. tory exclusion extends to joint committees tive intent of the VEOA. and has expressly excluded such employees Copies of submitted comments will be avail- 1.104 Coordination with section 225 of the on the Office’s web site at from the definition of ‘‘covered employee’’. Congressional Accountability Act. This sec- able for review The term ‘‘qualified applicant,’’ while not www.compliance.gov, and at the Office of tion notes that the VEOA requires that regu- directly originating in the text of U.S.C. Compliance, 110 Second Street, S.E., Wash- lations promulgated are consistent with sec- Title V, is used to capture the principle in 5 ington, D.C. 20540–1999, on Monday through tion 225 of the CAA. These proposed regula- U.S.C. § 3309 that only a preference eligible tions are consistent with section 225; the reg- Friday (non-Federal holidays) between the applicant who has received a passing grade hours of 9:30 a.m. and 4:30 p.m. ulations follow CAA principles contained in an examination or evaluation for entrance therein, including applying CAA definitions Supplementary Information: The Congres- into the competitive service need receive ad- and exemptions, and reserving enforcement sional Accountability Act of 1995 (CAA), PL ditional points accorded to his or her appli- through CAA procedures, rather than 104–1, was enacted into law on January 23, cation (except for certain ‘‘restricted’’ posi- through recourse to the Executive Branch. 1995. The CAA applies the rights and protec- tions, discussed below). ‘‘Qualified appli- SUBPART B—VETERANS’ PREFERENCE— tions of 11 federal labor and employment cant’’ is borrowed from the Americans with GENERAL PROVISIONS statutes to covered employees and employ- Disabilities Act (‘‘ADA,’’ 42 U.S.C. § 12101 et ing offices within the Legislative Branch of seq.) as applied by section 102(a)(3) of the 1.105 Responsibility for administration of Government. The CAA was amended by add- CAA, 2 U.S.C. § 1302(a)(3). The ADA’s ref- veterans’ preference. This section clarifies ing 2 U.S.C. 1316a as part of the enactment of erence to ‘‘requisite skill, experience, edu- that employing offices have responsibility the Veterans’ Employment Opportunities cation and other minimum job-related re- for administering veterans’ preference, with- Act of 1998 (VEOA), PL 105–339, section 4(c), quirements’’ has been shortened to ‘‘req- in the parameters of the VEOA and these to provide additional substantive employ- uisite minimum job-related requirements,’’ regulations. 1.106 Procedures for bringing claims under ment rights for veterans. Those additional as not every job may require a particular the VEOA. This section establishes the pro- rights are the subject of these regulations. level of acquired skill, experience, or edu- cedures for contesting an adverse determina- Section 301 of the CAA (2 U.S.C. 1381) estab- cation. lishes the Office of Compliance as an inde- As will be discussed further, we are not re- tion. pendent office within the Legislative quiring an employing office to establish any SUBPART C—VETERANS’ PREFERENCE IN Branch. particular prerequisites or type of evaluation APPOINTMENTS More Detailed Discussion of the Text of the or examination system for applicants. In- 1.107 Veterans’ preference in appoint- Proposed Regulations stead, the term ‘‘qualified applicant’’ serves ments to restricted covered positions. The as a means of implementing the statutory VEOA makes 5 U.S.C. §3310 applicable to the SUBPART A—MATTERS OF GENERAL APPLICA- mandate that only preference eligible appli- Legislative Branch, thereby extending an ab- BILITY TO ALL REGULATIONS PROMULGATED cants with ‘‘passing scores’’ receive pref- solute preference to veterans who apply for UNDER SECTION 4 OF THE VEOA erence in the hiring process in the context of the positions of guard, elevator operator, 1.101 Purpose and scope. This section appointment processes that do not involve messenger and custodian. Despite concerns clarifies that the purpose of these regula- ‘‘scoring’’ or similar numeric evaluation. raised by certain employing offices regarding tions is to ensure that the principles of the Where the employing office does not use a the singling out of these particular posi- veterans’ preference laws are integrated into numerically scored entrance examination or tions, the Board may not ignore the statu- the employing offices’ existing employment evaluation, we have authorized the employ- tory requirement that veterans who apply and retention policies and processes, as per ing office to make the determination of for them be afforded an absolute preference the explicit statutory mandate contained in whether the applicant is minimally ‘‘quali- over non-veteran applicants. the VEOA. Additionally, through these regu- fied’’ for a covered position. In doing so, the We have based our definitions of the re- lations, the Board seeks to fulfill its goal of employing office may rely on any job-related stricted position terms ‘‘guards,’’ ‘‘elevator achieving transparency in the application of requirements or on any evaluation system, operators,’’ ‘‘custodians,’’ and ‘‘messengers,’’ veterans’ preference in covered appointment formal or otherwise, which it chooses to em- upon the definitions employed in the vet- and retention decisions. ploy in assessing and rating applicants for erans’’ preference context by the U.S. Office Finally, it is noted that nothing in these covered positions, provided that the employ- of Personnel Management in its ‘‘Delegated regulations shall be construed to require an ing office in no way seeks to create or ma- Examining Operations Handbook.’’ See employing office to reduce any existing vet- nipulate a standard as to whether an appli- http://www.opm.gov/deu/Handbookl2003. The erans’ preference rights and protections that cant is ‘‘qualified’’ so as to avoid obligations definitions of custodian and messenger have it may currently afford to preference eligible imposed upon it by the VEOA. been modified to include a ‘‘primary duty’’ individuals. Any employing agencies that If, however, the employing office uses an requirement, to allow the performance of currently provide greater veterans’ pref- entrance examination or evaluation that is some custodial or messenger duties in posi- erences than required by these regulations numerically scored, the term ‘‘qualified ap- tions having other primary duties without may retain them. Note also that, while the plicant’’ shall mean that the applicant has transforming those positions into restricted VEOA does not directly cover the GAO, GPO, obtained a passing score on the examination positions. or Library of Congress, should Congress ex- or evaluation. The Board notes that it ex- 1.108 Veterans’ preference in appoint- tend Board jurisdiction over any of these en- pects the level of ‘‘passing scores’’ to be ments to non-restricted covered positions. tities in the future, it should take their ex- roughly comparable to that in the OPM reg- This section clarifies that preference eligible isting veterans’ preference policies into ac- ulations (70 points on a 100 point scale; 5 CFR status is an affirmative factor in the hiring count, which may be based on independent § 337.101). We are not requiring employing of- process for covered positions. The require- statutory mandates. Note, for example, that fices to administer entrance exams at all, or ment that preference eligible status be ap- 31 U.S.C. § 732(h)(1) already mandates that to model an exam or the grading thereof plied as an ‘‘affirmative factor’’ is derived the GAO must afford veterans’ preferences after OPM’s models. However, employing of- from the directive of the VEOA that the un- (largely similar to those in subchapter I of fices may not set the bar on a scored en- derlying principles of the veterans’ pref- chapter 35 of title 5 U.S.C.). trance examination or evaluation for a cov- erence laws be applied within the Legislative 1.102 General definitions. This section ered position so high that minimally quali- Branch. provides straightforward definitions of key fied preference eligible applicants cannot Where an employing office assigns points terms referred to in the regulations. Several pass. Moreover, the determination of what to applicants competing for appointment to of the definitions are derived from the statu- will constitute a ‘‘passing score’’ should be a covered position, it should add commensu- tory provisions made applicable via the made and communicated to applicants before rate points for veterans’ preference eligible VEOA, including ‘‘veteran,’’ from 5 U.S.C. they are evaluated or sit for the entrance ex- applicants consistent with 5 U.S.C. § 3309, one § 2108(1), ‘‘disabled veteran’’ from 5 U.S.C. amination. of the sections made applicable to the Legis- § 2108(2), and ‘‘preference eligible’’ from 5 1.103 Adoption of regulations. This sec- lative Branch by the VEOA. Should the of- U.S.C. §2108(3). It also contains several other tion details the process by which the regula- fice choose not to conduct formal evalua- definitions included for explanatory pur- tions shall be adopted. It also clarifies that, tions on a point scale, it must apply vet- poses. as discussed extensively in the prefatory erans’ preference as an affirmative factor, to

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1392 CONGRESSIONAL RECORD — SENATE February 15, 2005 a degree consistent with the level of pref- requires that preference eligibles be afforded ment, reductions in grade or demotions ex- erence applied in 5 U.S.C. § 3309. credit for certain experience if the employ- pected to continue for more than 30 days. In no way does this require the creation of ing office chooses to do so. Also, section 1.109 This definition derives from OPM regula- any particular type of system of examining does not preclude an employing office from tions, which clearly interpret 5 U.S.C. § 3502 or evaluating applicants, and an employing granting credit for experience to non-pref- to include demotions and include the re- office may properly choose to not assign erence eligibles, so long as the credit af- quirement that the personnel action be for points at all to applications for covered posi- forded preference eligibles complies with the more than 30 days [5 CFR § 351.201 (a)(2)], and tions. Rather, this regulation merely states VEOA. Note also that section 1.109 of these from the statutory provisions of the VEOA that, whatever system the employing office proposed regulations applies equally to re- that charge the Board to follow OPM’s regu- uses to choose among qualified applicants stricted and non-restricted positions. lations except where the Board may deter- for a covered position, it must accord a level Section 1.110 Waiver of physical require- mine that a modification of those regula- of preference to preference eligible qualified ments in appointments to covered positions. tions would be more effective for the imple- applicants consistent with the point system This section contains language derived di- mentation of the rights and protections indicated in the statute. Thus, the pref- rectly from 5 U.S.C. § 3312, one of the sections under the VEOA. Caselaw interpreting the erence must be comparable to affording an made applicable to the Legislative Branch veterans’ preference laws also indicates that additional 5 or 10 points (depending on the by the VEOA. It requires an employing office the inclusion of demotions in what con- status of the preference eligible) on a 100 to waive physical requirements for a position stitutes a reduction in force stems from stat- point scale to qualified applicants, while un- if it determines, after considering any rec- utory, not just regulatory, language. (See, derstanding that under such a point system ommendations of an accredited physician e.g., AFGE Local 1904 v. Resor, 442 F. 2d 993, the applicant must have attained at least 70 that may be submitted by such an applicant, 994 (3rd Cir. 1971); Alder v. U.S., 129 Ct. Cl. 150 points to be considered qualified. (OPM pro- that he or she is physically able to perform (1954).) vides a scale for converting other point efficiently the duties of the position. Note 5 U.S.C. § 3501, which has been included in scales (5 point, 10 point, 25 point, etc.) to a that OPM has chosen to promulgate regula- the CAA through Section (c)(2) of the VEOA, 100-point scale.) tions interpreting 5 U.S.C. § 3312 which make contains special definitions for determining Section 1.108 applies to both restricted clear that: ‘‘[A]gencies must waive a medical whether an employee is a ‘‘preference eligi- and non-restricted positions. While re- standard or physical requirement established ble’’ for purposes of applying veterans’ pref- stricted positions are limited to preference under this part when there is sufficient evi- erence in reductions in force. The definitions eligibles (should there be preference eligible dence that an applicant or employee, with or that appear in section 1.111(b) of the regula- applicants), in the event that more than one without reasonable accommodation, can per- tions are taken directly from the statutory preference eligible applies, the employing of- form the essential duties of the position language in 5 U.S.C. § 3501. Note, however, fice should apply the requirement in this sec- without endangering the health and safety of that these definitions do not apply to the ap- tion to provide a higher preference to a dis- the individual or others.’’ plication of the provisions of 5 U.S.C. § 3504 abled preference eligible. Thus, 5 U.S.C. 5 CFR 339.204. The Board does not believe (and section 1.114 of these regulations) re- § 3310, while restricting certain positions to that these proposed regulations are the prop- garding the waiver of physical requirements preference eligibles (so long as preference er vehicle for issuing regulations concerning in determining qualifications for retention. eligibles are available), does not except these the Americans with Disabilities Act (‘‘ADA,’’ In that context, the definition of ‘‘preference positions from this requirement in 5 U.S.C. 42 U.S.C. § 12101 et seq.) as applied by section eligible’’ set forth in 5 U.S.C. § 2108 (and sec- § 3309 to provide higher preference to a dis- 102(a)(3) of the CAA, 2 U.S.C. § 1302(a)(3). tion 1.102(o) of the Board’s regulations) shall abled preference eligible applicant. Therefore, section 1.110(a)(2) tracks the stat- apply. As discussed below, 5 U.S.C. § 3502(c) pro- 1.109 Crediting experience in appoint- utory language rather than the OPM regula- vides that preference eligibles are entitled to ments to covered positions. This language is tion. It also clarifies that the employing of- retention over other ‘‘competing employ- taken from 5 CFR § 337.101(c), which inter- fice need consider a recommendation of an ees’’. In the Executive Branch, the question prets 5 U.S.C. § 3311, one of the sections made accredited physician only if such a rec- of who are ‘‘competing employees’’ is an- applicable to the Legislative Branch by the ommendation is submitted by the preference swered by reference to detailed and rather VEOA. We have elected to use the regulatory eligible. language as it is more clearly written, and The Board does note, however, that Con- complex retention registers that Executive serves to better guide employing offices than gress passed the ADA subsequent to the vet- Branch agencies are required to maintain. does the direct statutory text. The statutory erans’ preference protections contained in 5 (See, e.g., 5 CFR § 351.203, 5 CFR § 351.404 and and regulatory provisions are laid out below U.S.C. § 3312, and that, under the ADA as ap- 5 CFR § 351.501.) The Comments to our initial for an easy comparison: plied by the CAA, employing offices may proposed regulations noted that few if any employing offices in the Legislative Branch SEC. 3311. PREFERENCE ELIGIBLES; have obligations towards applicants that maintain retention registers, and that many EXAMINATIONS; CREDITING EXPERIENCE may in some circumstances be greater than of the OPM regulations regarding retention In examinations for the competitive serv- the protections accorded preference eligible applicants in 5 U.S.C. § 3312. For example, registers rely on personnel practices and sys- ice in which experience is an element of tems that do not exist in the Legislative qualification, a preference eligible is entitled these regulations do not relieve employing offices from complying with the restrictions Branch. to credit— In keeping with our new approach to the imposed on disability-based inquiries under (1) for service in the armed forces when his implementation of the VEOA, these regula- the ADA but, as is discussed in the com- employment in a similar vocation to that for tions do not impose a requirement that an ments to section 1.118, recognize that an em- which examined was interrupted by the serv- employing office create or maintain OPM- ploying office may use information obtained ice; and like retention registers but instead provide a through voluntary self-identification of one’s (2) for all experience material to the posi- framework for determining groups of ‘‘com- disabled status. Accordingly, the Board has tion for which examined, including experi- peting employees’’ for purposes of applying made clear in section 1.110 that nothing in ence gained in religious, civic, welfare, serv- retention preferences as mandated by 5 this section shall relieve an employing office ice, and organizational activities, regardless U.S.C. § 3502(c). In this respect, the Board has of any greater obligation it may have pursu- of whether he received pay therefor. determined that several of the terms in the ant to the ADA. 5U.S.C. § 3311 OPM regulations may be used to implement (c) When experience is a factor in deter- SUBPART D—VETERAN’S PREFERENCE IN the concept of ‘‘competing employees’’ in the mining eligibility, OPM shall credit a pref- REDUCTIONS IN FORCE Legislative Branch without imposing Execu- erence eligible with: 1.111 Definitions applicable in reductions tive Branch personnel practices or systems: (1) Time spent in the military service (i) as in force. This section provides definitions of generally, ‘‘competing covered employees’’ an extension of time spent in the position in several terms used in the regulations apply- are the covered employees within a par- which he was employed immediately before ing veterans’ preference principles in the ticular ‘‘position classification or job classi- his entrance into the military service, or (ii) context of reductions in force. Unless clearly fication,’’ at or within a particular ‘‘com- on the basis of actual duties performed in stated otherwise, the general definitions in petitive area’’. the military service, or (iii) as a combina- proposed regulation 1.102 continue to apply The definition of ‘‘position classification tion of both methods. OPM shall credit time in the context of reductions in force. For ex- or job classification’’ is derived from OPM’s spent in the military service according to ample, as used in the proposed reduction in basic definition of ‘‘competitive level’’ in 5 the method that will be of most benefit to force regulations, the term ‘‘covered em- CFR § 351.403(a)(1). The remaining regula- the preference eligible. ployee’’ excludes employees whose appoint- tions in 5 CFR § 351.403(a)(2)–(4), (b)(1)–(5) and (2) All valuable experience, including expe- ment is made by a Member of Congress or by (c)(1)–(4) prescribe the manner in which an rience gained in religious, civic, welfare, a committee or subcommittee of either Executive Branch agency may determine a service, and organizational activities, re- House of Congress or a joint committee of covered employee’s competitive level. While gardless of whether pay was received there- the House of Representatives and the Senate some of these rules could be adopted in the for. and other employees excluded under the pro- Legislative Branch, others are clearly inap- 5 CFR § 337.101(c). Section 1.109 does not re- posed regulation 1.202(f). The term ‘‘reduc- plicable. The Board has decided not to adopt quire an employing office to consider experi- tion in force’’ has been defined to encompass these portions of the OPM regulations in ence as an element of qualification, but only actions that result in termination of employ- order to provide employing offices with a

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2005 CONGRESSIONAL RECORD — SENATE S1393 great amount of flexibility in determining ‘‘undue interruption’’ would apply if a pref- § 3502(c), the Veterans’ Preference Act of 1944 an employee’s ‘‘position classification or job erence eligible would have to complete a (in turn deriving from a series of historical classification’’. This is in keeping with our training program of more than 90 days in statutes and executive orders, commencing understanding that the personnel systems order to safely and efficiently perform the in 1865), and the legislative history of this used by employing offices within the Legis- covered position to which he or she would Act indicate that the section 3502(c) prede- lative Branch vary significantly from those otherwise be transferred as a result of a RIF. cessor language was considered the ‘‘heart of used in the Executive Branch. This flexi- Finally, we note that, since ‘‘undue interrup- the section’’. Hilton v. Sullivan, 334 U.S. 323, bility is, of course, subject to the under- tion’’ is an affirmative defense, an employ- 338 (1948). To this effect, courts have inter- standing that such determinations may not ing office has the burden of raising it and preted § 3502(c) (or its predecessor under the be manipulated in order to avoid the employ- proving that an employee may not perform Veterans’ Preference Act of 1944) as over- ing office’s obligations under the VEOA. work without ‘‘undue interruption’’ by ob- riding such factors as length of service when The definition of ‘‘competitive area’’ more jectively quantifiable evidence. considering retention standing. Hilton v. Sul- closely tracks OPM’s definition of the same 1.112 Application of reductions in force to livan, 334 U.S. at 335, 336, 339 (noting that term in 5 CFR § 351.402. We note that the veterans’ preference eligibles. The crux of ‘‘Congress passed the bill with full knowl- OPM regulations define ‘‘competitive area’’ this regulation derives from 5 U.S.C. § 3502(c), edge that the long standing absolute reten- in terms of an agency’s ‘‘organizational which provides: tion preference of veterans would be em- units’’ and ‘‘geographical locations’’. The An employee who is entitled to retention bodied in the Act;’’ Elder v. Brannan, 341 U.S. Board is not adopting OPM definitions or de- preference and whose performance has not 277, 285 (1951). Thus, courts have interpreted scriptions of these terms, but will allow em- been rated unacceptable under a perform- section 3502(c) as requiring preference to be ploying offices flexibility in applying these ance appraisal system implemented under given to a minimally qualified preference el- concepts to their own organizational struc- chapter 43 of this title is entitled to be re- igible, within his or her competing group, re- ture. The Board has retained the OPM re- tained in preference to other competing em- gardless of the preference eligible’s length of quirement that the minimum competitive ployees. (Emphasis added.) service or performance in comparison to area be a department or subdivision ‘‘under non-preference eligibles. separate administration’’. In this respect, This provision is the statutory lynchpin To follow this clear statutory directive, ‘‘separate administration’’ is not considered underlying veterans’ preferences in RIF’s. the Board has decided that veterans’ pref- to require that the administration of a pro- The statutory language in section 3502(c) erence shall be the ‘‘controlling’’ factor (pro- posed competitive area has final authority to above in effect requires the employing office vided that the covered employee’s perform- hire and fire but that it has the authority to to terminate covered employees subject to a ance was not rated unacceptable), in an em- administer the day to day operations of the RIF in inverse order of their veterans’ pref- ployment decision taken within ‘‘position or department or subdivision in question. erence status, within the appropriate group job classifications’’ in ‘‘competitive areas,’’ The OPM regulations incorporate the term of covered employees with similar jobs, so as discussed in the Comments to section 1.111 ‘‘tenure’’ in their definition of ‘‘competitive long as the employees’ performance has not of these proposed regulations, regardless of group.’’ We have used the term in our defini- been rated unacceptable. Under section such factors as length of service or perform- tion of ‘‘position classification or job classi- 3502(c), a preference eligible covered em- ance or efficiency ratings. Restricting the fication’’ because the statutory language in 5 ployee (without an unacceptable perform- veterans’ preference to RIF’s taken within U.S.C. § 3502 identifies ‘‘tenure’’ as a factor ance appraisal) must be retained in pref- ‘‘position or job classifications’’ in ‘‘com- that will override veterans’ preference in de- erence to non-preference eligibles—even if petitive areas’’ provides important limita- termining employee retention in a reduction the other covered employees in the group in tions on the scope of the preference ac- in force. However, we have not adopted fact have greater length of service or more corded. As noted above, the preference eligi- OPM’s definition of tenure, as it is tied to favorable performance evaluations. ble does not normally compete for retention Executive Branch service classifications that A separate provision in 5 U.S.C. § 3502(a) re- against all covered employees of an employ- do not exist in the Legislative Branch. See 5 quires Executive Branch agencies to give ing office; the definitional terms in section CFR 351.501. Instead, the use of the term ‘‘due effect’’ to four factors: tenure, vet- 1.111 restrict the scope of competition only ‘‘tenure’’ in these definitions refers only to erans’’ preference, length of service, and per- to covered employees in similar occupational the type of appointment. For example, an formance or efficiency evaluations. OPM has groupings (with the further qualification employing office may choose to make ‘‘ten- promulgated regulations addressing these that the preference eligible must perform ure’’ distinctions between permanent and four factors, but which also incorporate the the position in question without ‘‘undue temporary employees, probationary and non- concept that, within the group of employees interruption’’(see discussion regarding sec- probationary employees, etc. By referring to competing for retention, appropriate vet- tion 1.111 of these proposed regulations)); in ‘‘permanent’’ positions, we are referring to eran’s preference status is a factor that may certain facilities involved; and with similar jobs that are not limited in advance to a spe- override other factors such as length of serv- ‘‘tenure,’’ or employment status (such as, for cific temporal duration. Nothing in these ice and performance or efficiency evalua- example, whether the employee is a perma- Comments and Regulations is intended to tions. (‘‘Tenure,’’ as discussed below, is nent or probationary employee). Note that address the ‘‘at-will’’ status of any covered factored in to the group of employees within OPM regulations incorporate the concept of position. which employees compete for retention dur- ‘‘tenure’’ into the definition of ‘‘competing The Chief Counsel for the Senate noted, in ing a RIF.) group’’; covered employees only compete for her Comments to the prior proposed regula- Case law has also made abundantly clear retention against co-workers of the same tions, that the Senate does not employ the that section 3502(c) requires that this pref- tenure type. As noted in the Comments to concept of ‘‘tenure’’. If an employing office erence eligible status ‘‘trumps’’ the ‘‘due ef- section 1.111 of these proposed regulations, chooses not to make such distinctions, noth- fect’’ given to length of service and perform- employing offices may or may not incor- ing in these regulations requires it to do so. ance. Courts have interpreted the separate porate the concept of ‘‘tenure,’’ and may If the office does, that is one of the factors requirement under section 3502(a) to give choose not to make such distinctions as per- in the constitution of the ‘‘position classi- ‘‘due effect’’ to these four enumerated fac- manent, temporary, or probationary employ- fications or job classifications’’. Again, the tors as being relevant to retention deter- ees. Nothing in these proposed regulations Board notes that an employing office should minations between two preference eligibles, requires employing offices to adopt such dis- not manipulate the creation of tenure so as or between two non-preference eligibles—and tinctions. to avoid its obligations under the VEOA. not relevant to retention determinations be- Another qualification on the veterans’ We have also included a definition of tween a preference eligible and a non-pref- preference as a ‘‘controlling factor’’ is that ‘‘undue interruption’’ that is taken directly erence eligible. Hilton v. Sullivan, 334 U.S. the preference eligible employee’s perform- from the definition of the same term in the 323, 335, 336 (1948). The Board has chosen not ance must not have been rated ‘‘unaccept- OPM regulations, 5 CFR § 351.203. The term is to explicitly require that length of service or able.’’ While 5 U.S.C. § 3502(c) contains a ref- used in determining whether various jobs performance or efficiency evaluations be erence to performance appraisal systems im- should be included within the same ‘‘position taken into account during RIF’s—only that, plemented under 5 U.S.C. § 4301 et seq., we classification’’ or ‘‘job classification,’’ and is if they are, veterans’ preference remains the are not requiring employing offices to imple- meant to strike a balance between the inter- controlling factor in making retention deci- ment a performance appraisal system fol- ests of employing offices in retaining em- sions within ‘‘position or job classifications’’ lowing 5 U.S.C. § 4301 et seq. An employing ployees who will be able to perform the jobs in a competitive area (assuming other appro- office may continue to use its own methods remaining after a reduction in force, and the priate requirements are also met). for evaluating covered employees and ap- interests of preference eligibles whose jobs Federal courts have interpreted the praising performance, and need not adopt are being eliminated in remaining employed. present statutory language of section 3502(c) any formal policy regarding performance ap- OPM struck this balance by generally sug- as providing preference eligible employees praisal. However, the Board notes that em- gesting that an employee should be able to with an ‘‘absolute preference,’’ although ploying offices should not manipulate per- perform or ‘‘complete’’ required work within only within the confines of their competing formance appraisals or evaluations so as to 90 days of being placed in the position, and group. Dodd v. TWA, 770 F. 2d 1038, 1041 (Fed. avoid obligations under the VEOA. the Board considers this time period to be Cir. 1985); see also McKee v. TWA, 1999 LEXIS Another significant qualification on this appropriate in the Legislative Branch as 25663 at *5 (Fed. Cir. 1999) (unpublished). Ad- regulation is that it only governs retention well. For example, this protection against ditionally, the source of this key language in decisions in so far as they affect preference

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1394 CONGRESSIONAL RECORD — SENATE February 15, 2005 eligible covered employees. In no way does it that employing offices shall coordinate any Because these regulations afford the em- govern decisions that do not affect pref- such transfers in a way that respects both ploying offices a great amount of flexibility erence eligible covered employees; in such the requirements of this regulation and, to in determining how to implement veterans’ cases, an employing office is free to make the greatest extent possible, the employing preference within their own personnel sys- whatever determinations it so chooses, pro- offices’ own personnel systems and policies. tems, it is imperative that the methods cho- vided that these determinations are con- This section is one of the rare instances sen by the employing offices be reduced to sistent with any other applicable law, and where an employing office must follow the writing and disseminated to covered appli- are not used to avoid responsibilities im- regulation even in the event that the per- cants and employees. This will further the posed by the VEOA. (Of course, an employing sonnel action taken does not involve any goals of accountability and transparency, as office with covered employees must dissemi- preference eligible covered employees; how- well as consistency in the application of the nate information regarding its VEOA policy ever, the clear statutory language of 5 U.S.C. employing office’s veterans’ preference pro- to covered employees, so as to allow for self- § 3503 requires such a result. cedures. An existing policy may be amended identification of preference eligibles. Fur- Employees and employing offices are re- or replaced by the employing office from thermore, the notice required by section minded that the definition of ‘‘covered em- time to time, as it deems necessary or appro- 1.120 of these regulations will allow covered ployee’’ in these proposed regulations does priate to meet changing personnel practices employees who have not been identified as not include employees appointed by a Mem- and needs. We note, however, that the em- preference eligibles to assert that status be- ber of Congress, a committee or sub- ploying office’s policy or program will at all fore the RIF becomes effective.) Nor does the committee of either House of Congress, or a times remain subject to the requirements of regulation require the keeping of formal re- joint committee of the House of Representa- the VEOA and these regulations. Accord- tention registers, as OPM (and these regula- tives and the Senate. See proposed regulation ingly, while the adoption of a policy or pro- tions, as initially proposed) generally re- 1.102(f)(bb). Therefore, proposed regulation gram will demonstrate the employing of- quires. However, an employing office must 1.116 will not apply to any such employees fice’s efforts to comply with the VEOA, it preserve any records kept or made regarding affected by the election of new Members of will not relieve an employing office of sub- these retention decisions, as detailed in Sub- Congress or the transfer of jurisdiction from stantive compliance with the VEOA. part E of these proposed regulations. one committee to another. Sections 1.117 Preservation of records kept or made. The requirements set forth in this Note also that the Board has included the SUBPART E: ADOPTION OF VETERANS’ PREF- section are derived from OPM regulations re- provision that a preference eligible covered ERENCE POLICIES, RECORDKEEPING & INFOR- garding retention of RIF records, 5 CFR employee who is a ‘‘disabled veteran’’ under MATIONAL REQUIREMENTS section 1.102(h) above, who has a compen- § 351.505, and EEOC regulations regarding the We note that, of the six sections in this preservation of personnel and employment sable service-connected disability of 30 per- Subpart, only section 1.120 derives directly records kept or made by employers, 29 CFR cent or more, and whose performance has not from statutory language. The other sections § 1602.14. This section requires that relevant been rated unacceptable by an employing of- are borrowed from various other employ- records be retained for one year from the fice is entitled to be retained in preference ment statutes, and are promulgated pursu- date of the making of the record or the date to other preference eligibles. This provision ant to the authority granted the Board by of the personnel action involved or, if later, derives from 5 U.S.C. § 3502(b), which provides section 4(c)(4)(A) of the VEOA because they one year from the date on which the appli- a higher level of preference to certain dis- are considered necessary to the implementa- cant or employee is notified of the personnel abled preference eligibles with regard to tion of the VEOA. For example, the informa- action. In addition, where a claim has been other preference eligibles. tional regulations in sections 1.120 and 1.121 brought under section 401 of the CAA against Finally, the Board notes that this section are derived from informational regulations an employing office under the VEOA, the re- does not relieve an employing office of any promulgated under the Family and Medical spondent employing office must preserve all greater obligation it may be subject to pur- Leave Act, which provides employers with personnel records relevant to the claim until suant to the Worker Adjustment and Re- some flexibility in determining how the final disposition of the claim. training Notification Act (29 U.S.C. § 2101 et FMLA will be implemented within their own Section 1.118 Dissemination of veterans’ seq.) as applied by section 102(a)(9) of the workforce. The Board is strongly committed preference policies to applicants for covered CAA, 2 U.S.C. § 1302(a)(9), which would of to transparency as a policy matter. More- positions. Section 1.118 requires that employ- course apply to all employees covered by the over, for the VEOA rights to become mean- ing offices must furnish information to ap- CAA, not only to preference eligible employ- ingful, applicants for covered positions and plicants for covered positions before appoint- ees covered by the VEOA. covered employees will have to participate ment decisions are made. Before these deci- 1.113 Crediting experience in reductions in in ensuring that this system works properly, sions are made, it is important that appli- force. This section closely follows 5 U.S.C. since employing offices are permitted to cants be given the opportunity to self-iden- § 3502(a), one of the sections made applicable have flexibility in determining their policies, tify themselves as preference eligibles, and to the Legislative Branch by the VEOA, re- and the Board will not be taking the same that they receive information regarding the quiring the employing office to provide pref- active role in policing the veterans’ pref- employing office’s policies and procedures erence eligible covered employees with cred- erence requirements that OPM takes in the for implementing the VEOA, in order to en- it for certain specified forms of prior service Executive Branch. sure that they are aware of the VEOA obliga- as the office calculates ‘‘length of service’’ in We also note that while this approach dif- tions that may apply to their situation. Ac- the context of a RIF. This provision in no fers from OPM’s, it reflects the far greater cordingly, the regulations require that infor- way requires an employing office to utilize flexibility that employing offices have to mation regarding the employing office’s poli- ‘‘length of service’’ as a factor in its reten- tailor substantive requirements to their ex- cies and procedures for implementing the tion decisions regarding employees in the isting personnel systems and imposes less VEOA in appointments be furnished to appli- event that the RIF decision does not impact burdensome obligations on employing offices cants at various stages when the employing any preference eligible covered employees. than that which is imposed on executive office is hiring into covered positions. We 1.114 Waiver of physical requirements—re- agencies: under our regulatory approach, em- note that inviting applicants to voluntarily tention. This provision closely follows 5 ploying offices will have reduced procedural self-identify as a disabled veteran for pur- U.S.C. § 3504, one of the sections made appli- burdens in that they will not be subject to poses of the application of an employing of- cable to the Legislative Branch by the the more detailed requirements of keeping fice’s veterans’ preference policies, as out- VEOA, requiring that, when making deci- formal retention registers, to the more high- lined in the proposed regulation, is con- sions regarding employee retention during a ly regulated requirements regarding em- sistent with the EEOC’s ADA Enforcement RIF, an employing office must waive phys- ployee access to files (see e.g., 5 CFR § 293.101 Guidance: Preemployment Disability-Related ical requirements for a job for preference eli- et seq., 5 CFR § 297.101 et seq., and 5 CFR Questions and Medical Examinations (EEOC gibles in certain specified circumstances. As § 351.505(b)), or to examining or evaluating Oct. 10, 1995). discussed in the Comments to section 1.110, applicants on a 100-point scale, seeking prior This requirement does not prevent an em- nothing in this regulation relieves an em- OPM approval of RIF’s, etc. ploying office from appropriately modifying ploying office of any greater obligation it Section 1.116 Adoption of veterans’ pref- its veterans’ preference policies when it sees may have pursuant to the Americans with erence policy. As noted at the outset of these fit to do so, but is intended to ensure that Disabilities Act (42 U.S.C. § 12101 et seq.) as Comments, the regulations will require each applicants will be made aware of the employ- applied by section 102(a)(3) of the CAA, 2 employing office that employs one or more ing office’s then-current policies and proce- U.S.C. § 1302(a)(3). covered employees or seeks applicants for dures. The requirement that an employing 1.116 Transfer of functions. The language covered positions to develop, within 120 days office allow applicants a ‘‘reasonable time’’ in this section derives from 5 U.S.C. § 3503, of the Congressional approval of the regula- to provide information regarding their vet- one of the sections made applicable to the tions, a written program or policy setting erans’ preference status is intentionally Legislative Branch by the VEOA, requiring forth that employing office’s methods for flexible. If an employing office must fill a covered employees to be transferred to an- implementing the VEOA’s veterans’ pref- covered position within a matter of days, one other employing office in the event of a erence principles in the employing office’s working day may be a ‘‘reasonable time’’ for transfer of functions from one employing of- hiring and retention systems. Employing of- submission of the information. However, if fice to the other, or in the event of the re- fices that have no employees covered by the the employing office’s appointment process placement of one employing office by an- VEOA are not required to adopt such a pol- is more prolonged, more time should be al- other employing office. The Board expects icy or program. lowed.

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2005 CONGRESSIONAL RECORD — SENATE S1395 Sections 1.119 and 1.120 Dissemination of Title 5, United States Code, to Covered Em- Service position (within the meaning of sec- information of veterans’ preference policies ployees of the Legislative Branch (section tion 3132(a)(2) of title 5, United States Code). to covered employees, and notice require- 4(c) of the Veterans Employment Opportuni- The term covered employee includes an ap- ments applicable in RIFs. It is also impor- ties Act of 1998) plicant for employment in a covered position tant that covered employees receive infor- SUBPART A—MATTERS OF GENERAL APPLICA- and a former covered employee. mation regarding the employing office’s poli- BILITY TO ALL REGULATIONS PROMULGATED (g) Covered position means any position cies and procedures for implementing the UNDER SECTION 4 OF THE VEOA that is or will be held by a covered employee. VEOA in connection with RIFs, in order to (h) Disabled veteran means a person who ensure that they are aware of the VEOA obli- Sec. was separated under honorable conditions gations that may apply to that situation. 1.101 Purpose and scope. from active duty in the armed forces per- Accordingly, section 1.119 requires that in- 1.102 Definitions. formed at any time and who has established formation regarding the employing office’s 1.103 Adoption of regulations. the present existence of a service-connected policies and procedures for implementing the 1.105 Coordination with section 225 of the disability or is receiving compensation, dis- VEOA in appointments be disseminated Congressional Accountability Act. ability retirement benefits, or pensions be- through employee handbooks, if the employ- SEC. 1.101 PURPOSE AND SCOPE cause of a public statute administered by the ing office has covered employees and ordi- (a) Section 4(c) of the VEOA. The Veterans Department of Veterans Affairs or a military narily distributes such handbooks to those Employment Opportunities Act (VEOA) ap- department. employees, or through any other written pol- plies the rights and protections of sections (i) Employee of the Office of the Architect icy or manual that the employing office may 2108, 3309 through 3312, and subchapter I of of the Capitol includes any employee of the distribute to covered employees concerning chapter 35 of title 5 U.S.C., to certain cov- Office of the Architect of the Capitol, the Bo- their employee rights or reductions in force. ered employees within the Legislative tanic Gardens, or the Senate Restaurants. The notice requirements attendant to a Branch. (j) Employee of the Capitol Police Board RIF are set out separately in section 1.120 of (b) Purpose and scope of regulations. The includes any member or officer of the Cap- the regulations. These regulations derive regulations set forth herein are the sub- itol police. from the express statutory language in 5 (k) Employee of the House of Representa- USC § 3502(d) and (e), which have been applied stantive regulations that the Board of Direc- tors of the Office of Compliance has promul- tives includes an individual occupying a po- to the Legislative Branch by the VEOA. The sition the pay of which is disbursed by the language of section 3502(d) and (e) has been gated pursuant to section 4(c)(4) of the Clerk of the House of Representatives, or an- modified in section 1.120 to be consistent VEOA, in accordance with the rulemaking other official designated by the House of with the terms and approach used in the rest procedure set forth in section 304 of the CAA Representatives, or any employment posi- of these regulations. Among other changes, (2 U.S.C. § 1384). The purpose of subparts B, C tion in an entity that is paid with funds de- section 1.120 refers to ‘‘covered employees’’ and D of these regulations is to define vet- and the provision in 5 U.S.C. § 3502(e) that the erans’ preference and the administration of rived from the clerk-hire allowance of the ‘‘President’’ may shorten the 60 day advance veterans’ preference as applicable to Federal House of Representatives but not any such notice period to 30 days has been changed to employment in the Legislative Branch. (5 individual employed by any entity listed in the ‘‘director of the employing agency.’’ Ad- U.S.C. § 2108, as applied by the VEOA). The subparagraphs (3) through (8) of paragraph (f) ditionally, the provision regarding Job purpose of subpart E of these regulations is above nor any individual described in sub- Training Partnership Act notice has been to ensure that the principles of the veterans’ paragraphs (aa) through (cc) of paragraph (f) omitted. The requirement to inform the em- preference laws are integrated into the exist- above. ployee of the place where he or she may in- ing employment and retention policies and (l) Employee of the Senate includes any spect regulations and records pertaining to processes of those employing offices with employee whose pay is disbursed by the Sec- this case derives from 5 CFR § 351.802(a)(3). employees covered by the VEOA, and to pro- retary of the Senate, but not any such indi- The statutory language requiring notice of vide for transparency in the application of vidual employed by any entity listed in sub- ‘‘the employee’s ranking relative to other veterans’ preference in covered appointment paragraphs (3) through (8) of paragraph (f) competing employees, and how that ranking and retention decisions. Provided, nothing in above nor any individual described in sub- was determined’’ has been modified to re- these regulations shall be construed so as to paragraphs (aa) through (cc) of paragraph (f) quire that the notice state whether the cov- require an employing office to reduce any ex- above. ered employee is preference eligible and that isting veterans’ preference rights and protec- (m) Employing office means: (1) the per- the notice separately state the ‘‘retention tions that it may afford to preference eligi- sonal office of a Member of the House of Rep- status’’ (i.e., whether the employee will be ble individuals. resentatives or of a Senator; (2) a committee retained or not) and preference eligibility of of the House of Representatives or the Sen- SEC. 1.102 DEFINITIONS the other covered employees in the same job ate or a joint committee; (3) any other office or position classification within the covered Except as otherwise provided in these regu- headed by a person with the final authority employee’s competitive area. The Board is lations, as used in these regulations: to appoint, hire, discharge, and set the not requiring the keeping of retention reg- (a) Act or CAA means the Congressional terms, conditions, or privileges of the em- isters or the ranking of employees within a Accountability Act of 1995, as amended (Pub. ployment of an employee of the House of job or position classification affected by a L. 104–1, 109 Stat. 3, 2 U.S.C. § § 1301–1438). Representatives or the Senate; or (4) the RIF. However, the statutory language clear- (b) Active duty or active military duty Capitol Guide Board, the Congressional ly compels employing offices to provide em- means full-time duty with military pay and Budget Office, the Office of the Architect of ployees who will be adversely affected by a allowances in the armed forces, except (1) for the Capitol, the Office of the Attending Phy- reduction in force with advance notice of training or for determining physical fitness sician, and the Office of Compliance. how and why the agency decided to subject and (2) for service in the Reserves or Na- (n) Office means the Office of Compliance. that particular employee to the reduction in tional Guard. (o) Preference eligible means veterans, force. At a minimum, this includes whether (c) Appointment means an individual’s ap- spouses, widows, widowers or mothers who the affected employee has preference eligible pointment to employment in a covered posi- meet the definition of ‘‘preference eligible’’ status, and an objective indication why the tion, but does not include inservice place- in 5 U.S.C. § 2108(3)(A)–(G). employee was not retained in relation to ment actions such as promotions. (p) Qualified applicant means an applicant other employees in the affected position (d) Armed forces means the United States for a covered position whom an employing classifications or job classifications. Army, Navy, Air Force, Marine Corps, and office deems to satisfy the requisite min- Section 1.121 Informational requirements Coast Guard. imum job-related requirements of the posi- regarding veterans’ preference determina- (e) Board means the Board of Directors of tion. Where the employing office uses an en- tions. Once an appointment or reduction in the Office of Compliance. trance examination or evaluation for a cov- force decision has been made, it is important (f) Covered employee means any employee ered position that is numerically scored, the that applicants for covered positions and of (1) the House of Representatives; (2) the term ‘‘qualified applicant’’ shall mean that covered employees receive information re- Senate; (3) the Capitol Guide Board; (4) the the applicant has received a passing score on garding the employing office’s decision, in Capitol Police Board; (5) the Congressional the examination or evaluation. order to ensure that the rights and obliga- Budget Office; (6) the Office of the Architect (q) Separated under honorable conditions tions created by the VEOA may be effec- of the Capitol; (7) the Office of the Attending means either an honorable or a general dis- tively enforced under the CAA as con- Physician; and (8) the Office of Compliance, charge from the armed forces. The Depart- templated by section 4(c)(3)(B) of the VEOA. but does not include an employee (aa) whose ment of Defense is responsible for admin- Accordingly, section 1.121 of the regulations appointment is made by the President with istering and defining military discharges. requires that certain limited information re- the advice and consent of the Senate; (bb) (r) Uniformed services means the armed garding the employing office’s decision be whose appointment is made by a Member of forces, the commissioned corps of the Public made available to applicants for covered po- Congress or by a committee or sub- Health Service, and the commissioned corps sitions and to covered employees, upon re- committee of either House of Congress or a of the National Oceanic and Atmospheric Ad- quest. joint committee of the House of Representa- ministration. Proposed Substantive Regulations tives and the Senate; or (cc) who is ap- (s) VEOA means the Veterans Employment PART 1—Extension of Rights and Protec- pointed to a position, the duties of which are Opportunities Act of 1998 (Pub. L. 105–339, 112 tions Relating to Veterans’ Preference Under equivalent to those of a Senior Executive Stat. 3182).

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(t) Veteran means persons as defined in 5 1.105 Responsibility for administration of SEC. 1.108 VETERANS’ PREFERENCE IN APPOINT- U.S.C. § 2108, or any superseding legislation. veterans’ preference. MENTS TO NON-RESTRICTED COVERED POSI- SEC. 1.103 ADOPTION OF REGULATIONS 1.106 Procedures for bringing claims under TIONS (a) Adoption of regulations. Section the VEOA. (a) Where employing offices opt to examine 4(c)(4)(A) of the VEOA generally authorizes SEC. 1.105 RESPONSIBILITY FOR ADMINISTRATION and rate applicants for covered positions on the Board to issue regulations to implement OF VETERANS’ PREFERENCE a numerical basis they shall add points to the earned ratings of those preference eligi- section 4(c). In addition, section 4(c)(4)(B) of Subject to Section 1.106, employing offices bles who receive passing scores in an en- the VEOA directs the Board to promulgate are responsible for making all veterans’ pref- trance examination, in a manner that is pro- regulations that are ‘‘the same as the most erence determinations, consistent with the portionately comparable to the points pre- relevant substantive regulations (applicable VEOA. with respect to the Executive Branch) pro- scribed in 5 U.S.C. § 3309. mulgated to implement the statutory provi- SEC. 1.106 PROCEDURES FOR BRINGING CLAIMS (b) In all other situations involving ap- sions referred to in paragraph (3)’’ of section UNDER THE VEOA pointment to a covered position, employing 4(c) of the VEOA. Those statutory provisions Applicants for appointment to a covered offices shall consider veterans’ preference are section 2108, sections 3309 through 3312, position and covered employees may contest eligibility as an affirmative factor that is and subchapter I of chapter 35, of title 5, adverse veterans’ preference determinations, given weight in a manner that is proportion- United States Code. The regulations issued including any determination that a pref- ately comparable to the points prescribed in by the Board herein are on all matters for erence eligible is not a qualified applicant, 5 U.S.C. § 3309 in the employing office’s deter- which section 4(c)(4)(B) of the VEOA requires pursuant to sections 401–416 of the CAA, 2 mination of who will be appointed from a regulation to be issued. Specifically, it is U.S.C. §§ 1401–1416, and provisions of law re- among qualified applicants. the Board’s considered judgment based on ferred to therein; 206a(3) of the CAA, 2 U.S.C. SEC. 1.109 CREDITING EXPERIENCE IN the information available to it at the time of §§ 1401, 1316a(3); and the Office’s Procedural APPOINTMENTS TO COVERED POSITIONS promulgation of these regulations, that, Rules. When considering applicants for covered with the exception of the regulations adopt- SUBPART C—VETERANS’ PREFERENCE IN positions in which experience is an element ed and set forth herein, there are no other APPOINTMENTS of qualification, employing offices shall pro- ‘‘substantive regulations (applicable with re- Sec. vide preference eligibles with credit: spect to the Executive Branch) promulgated (a) for time spent in the military service to implement the statutory provisions re- 1.107 Veterans’ preference in appointments to restricted covered positions. (1) as an extension of time spent in the posi- ferred to in paragraph (3)’’ of section 4(c) of tion in which the applicant was employed the VEOA that need be adopted. 1.108 Veterans’ preference in appointments to non-restricted covered positions. immediately before his/her entrance into the (b) Modification of substantive regula- military service, or (2) on the basis of actual tions. As a qualification to the statutory ob- 1.109 Crediting experience in appointments to covered positions. duties performed in the military service, or ligation to issue regulations that are ‘‘the (3) as a combination of both methods. Em- same as the most substantive regulations 1.110 waiver of physical requirements in ap- pointments to covered positions ploying offices shall credit time spent in the (applicable with respect to the Executive military service according to the method Branch),’’ section 4(c)(4)(B) of the VEOA au- SEC. 1.107 VETERANS’ PREFERENCE IN that will be of most benefit to the preference thorizes the Board to ‘‘determine, for good APPOINTMENTS TO RESTRICTED POSITIONS eligible. cause shown and stated together with the In each appointment action for the posi- (b) for all experience material to the posi- regulation, that a modification of such regu- tions of custodian, elevator operator, guard, tion for which the applicant is being consid- lations would be more effective for the im- and messenger (as defined below and collec- ered, including experience gained in reli- plementation of the rights and protections tively referred to in these regulations as re- gious, civic, welfare, service, and organiza- under’’ section 4(c) of the VEOA. stricted covered positions) employing offices tional activities, regardless of whether he/ (c) Rationale for Departure from the Most shall restrict competition to preference eli- she received pay therefor. Relevant Executive Branch Regulations. The gibles as long as preference eligibles are Board concludes that it must promulgate SEC. 1.110 WAIVER OF PHYSICAL REQUIREMENTS available. The provisions of sections 1.109 regulations accommodating the human re- IN APPOINTMENTS TO COVERED POSITIONS and 1.110 below shall apply to the appoint- source systems existing in the Legislative (a) Subject to (c) below, if an employing of- ment of a preference eligible to a restricted Branch; and that such regulations must take fice determines, on the basis of evidence be- covered position. The provisions of section into account the fact that the Board does not fore it, that an applicant for a covered posi- 1.108 shall apply to the appointment of a possess the statutory and Executive Order tion is preference eligible, the employing of- preference eligible to a restricted covered po- based government-wide policy making au- fice shall waive in determining whether the sition, in the event that there is more than thority underlying OPM’s counterpart VEOA preference eligible applicant is qualified for one preference eligible applicant for the posi- regulations governing the Executive Branch. appointment to the position: tion. OPM’s regulations are designed for the com- (1) requirements as to age, height, and Custodian—One whose primary duty is the petitive service (defined in 5 U.S.C. weight, unless the requirement is essential performance of cleaning or other ordinary § 2102(a)(2)), which does not exist in the em- to the performance of the duties of the posi- routine maintenance duties in or about a ploying offices subject to this regulation. tion; and government building or a building under Therefore, to follow the OPM regulations (2) physical requirements if, in the opinion Federal control, park, monument, or other would create detailed and complex rules and of the employing office, on the basis of evi- Federal reservation. procedures for a workforce that does not dence before it, including any recommenda- exist in the Legislative Branch, while pro- Elevator operator—One whose primary tion of an accredited physician submitted by viding no VEOA protections to the covered duty is the running of freight or passenger the preference eligible, the preference eligi- Legislative Branch employees. We have cho- elevators. The work includes opening and ble is physically able to perform efficiently sen to propose specially tailored regulations, closing elevator gates and doors, working el- the duties of the position; rather than simply to adopt those promul- evator controls, loading and unloading the (b) Subject to (c) below, if an employing of- gated by OPM, so that we may effectuate elevator, giving information and directions fice determines that, on the basis of evidence Congress’ intent in extending the principles to passengers such as on the location of of- before it, an otherwise qualified applicant of the veterans’ preference laws to the Legis- fices, and reporting problems in running the who is a preference eligible described in 5 lative Branch through the VEOA. elevator. U.S.C. § 2108(3)(c) who has a compensable Guard—One who is assigned to a station, SEC. 1.104 COORDINATION WITH SECTION 225 OF service-connected disability of 30 percent or beat, or patrol area in a Federal building or THE CONGRESSIONAL ACCOUNTABILITY ACT more is not able to fulfill the physical re- a building under Federal control to prevent quirements of the covered position, the em- Statutory directive. Section 4(c)(4)(D) of illegal entry of persons or property; or re- ploying office shall notify the preference eli- the VEOA requires that promulgated regula- quired to stand watch at or to patrol a Fed- gible of the reasons for the determination tions must be consistent with section 225 of eral reservation, industrial area, or other and of the right to respond and to submit ad- the CAA. Among the relevant provisions of area designated by Federal authority, in ditional information to the employing office, section 225 are subsection (f)(1), which pre- order to protect life and property; make ob- within 15 days of the date of the notification. scribes as a rule of construction that defini- servations for detection of fire, trespass, un- Should the preference eligible make a timely tions and exemptions in the laws made appli- authorized removal of public property or response the employing office, at the highest cable by the CAA shall apply under the CAA, hazards to Federal personnel or property. level within the employing office, shall and subsection (f)(3), which states that the The term guard does not include law enforce- render a final determination of the physical CAA shall not be considered to authorize en- ment officer positions of the U.S. Capitol Po- ability of the preference eligible to perform forcement of the CAA by the Executive lice Board. the duties of the position, taking into ac- Branch. Messenger—One whose primary duty is the count the response and any additional infor- SUBPART B—VETERANS’ PREFERENCE— supervision or performance of general mes- mation provided by the preference eligible. GENERAL PROVISIONS senger work (such as running errands, deliv- When the employing office has completed its Sec. ering messages, and answering call bells). review of the proposed disqualification on

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2005 CONGRESSIONAL RECORD — SENATE S1397 the basis of physical disability, it shall send so employed without a break in service of (2) the total length of time in active serv- its findings to the preference eligible. more than 30 days. ice in the armed forces if he is included (c) Nothing in this section shall relieve an The definition of ‘‘preference eligible’’ as under 5 U.S.C. § 3501(a)(3)(A), (B), or (C); and employing office of any greater obligation it set forth in 5 U.S.C § 2108 and section 1.102(o) (c) a preference eligible covered employee may have pursuant to the Americans with of these regulations shall apply to waivers of is entitled to credit for: Disabilities Act (42 U.S.C. § 12101 et seq.) as physical requirements in determining an em- (1) service rendered as an employee of a applied by section 102(a)(3) of the CAA, 2 ployee’s qualifications for retention under county committee established pursuant to U.S.C. § 1302(a)(3). section 1.114 of these regulations. section 8(b) of the Soil Conservation and Al- (e) Reduction in force is any termination SUBPART D—VETERAN’S PREFERENCE IN lotment Act or of a committee or association of a covered employee’s employment or the REDUCTIONS IN FORCE of producers described in section 10(b) of the reduction in pay and/or position grade of a Agricultural Adjustment Act; and Sec. covered employee for more than 30 days and (2) service rendered as an employee de- 1.111 Definitions applicable in reductions in that may be required for budgetary or work- scribed in 5 U.S.C. § 2105(c) if such employee force. load reasons, changes resulting from reorga- moves or has moved, on or after January 1, 1.112 Application of preference in reduc- nization, or the need to make room for an 1966, without a break in service of more than tions in force. employee with reemployment or restoration 3 days, from a position in a nonappropriated 1.113 Crediting experience in reductions in rights. This does not encompass termi- fund instrumentality of the Department of force. nations or other personnel actions predi- Defense or the Coast Guard to a position in 1.114 Waiver of physical requirements in re- cated upon performance, conduct or other the Department of Defense or the Coast ductions in force. grounds attributable to an employee. Guard, respectively, that is not described in 1.115 Transfer of functions. (f) Undue interruption is a degree of inter- 5 U.S.C. § 2105(c). SEC. 1.111 DEFINITIONS APPLICABLE IN ruption that would prevent the completion SEC. 1.114 WAIVER OF PHYSICAL REQUIREMENTS REDUCTIONS IN FORCE of required work by a covered employee 90 IN REDUCTIONS IN FORCE days after the employee has been placed in a (a) Competing covered employees are the (a) If an employing office determines, on covered employees within a particular posi- different position under this part. The 90-day standard should be considered within the al- the basis of evidence before it, that a covered tion or job classification, at or within a par- employee is preference eligible, the employ- ticular competitive area, as those terms are lowable limits of time and quality, taking into account the pressures of priorities, ing office shall waive: defined below. (1) requirements as to age, height, and (b) Competitive area is that portion of the deadlines, and other demands. However, a work program would generally not be unduly weight, unless the requirement is essential employing office’s organizational structure, to the performance of the duties of the posi- as determined by the employing office, in interrupted even if a covered employee need- ed more than 90 days after the reduction in tion; and which covered employees compete for reten- (2) physical requirements if, in the opinion tion. A competitive area must be defined force to perform the optimum quality or quantity of work. The 90-day standard may of the employing office, on the basis of evi- solely in terms of the employing office’s or- dence before it, including any recommenda- ganizational unit(s) and geographical loca- be extended if placement is made under this part to a program accorded low priority by tion of an accredited physician submitted by tion, and it must include all employees with- the employing office, or to a vacant position. the preference eligible, the preference eligi- in the competitive area so defined. A com- An employing office has the burden of prov- ble is physically able to perform efficiently petitive area may consist of all or part of an ing ‘‘undue interruption’’ by objectively the duties of the position. employing office. The minimum competitive quantifiable evidence. (b) If an employing office determines that, area is a department or subdivision of the on the basis of evidence before it, a pref- SEC. 1.112 APPLICATION OF PREFERENCE IN employing office under separate administra- erence eligible described in 5 U.S.C. REDUCTIONS IN FORCE tion within the local commuting area. § 2108(3)(c) who has a compensable service- Prior to carrying out a reduction in force (c) Position classifications or job classi- connected disability of 30 percent or more is that will affect covered employees, employ- fications are determined by the employing not able to fulfill the physical requirements ing offices shall determine which, if any, office, and shall refer to all covered positions of the covered position, the employing office covered employees within a particular group within a competitive area that are in the shall notify the preference eligible of the of competing covered employees are entitled same grade, occupational level or classifica- reasons for the determination and of the to veterans’ preference eligibility status in tion, and which are similar enough in duties, right to respond and to submit additional in- accordance with these regulations. In deter- qualification requirements, pay schedules, formation to the employing office within 15 mining which covered employees will be re- tenure (type of appointment) and working days of the date of the notification. Should conditions so that an employing office may tained, employing offices will treat veterans’ preference as the controlling factor in reten- the preference eligible make a timely re- reassign the incumbent of one position to sponse the employing office, at the highest any of the other positions in the position tion decisions among such competing cov- ered employees, regardless of length of serv- level within the employing office, shall classification without undue interruption. render a final determination of the physical (d) Preference Eligibles. For the purpose of ice or performance, provided that the pref- erence eligible employee’s performance has ability of the preference eligible to perform applying veterans’ preference in reductions the duties of the covered position, taking in force, except with respect to the applica- not been rated unacceptable. Provided, a preference eligible who is a ‘‘disabled vet- into account the evidence before it, includ- tion of section 1.114 of these regulations re- ing the response and any additional informa- garding the waiver of physical requirements, eran’’ under section 1.102(h) above who has a compensable service-connected disability of tion provided by the preference eligible. the following shall apply: When the employing office has completed its (1) ‘‘active service’’ has the meaning given 30 percent or more and whose performance has not been rated unacceptable by an em- review of the proposed disqualification on it by section 101 of title 37; the basis of physical disability, it shall send (2) ‘‘a retired member of a uniformed serv- ploying office is entitled to be retained in its findings to the preference eligible. ice’’ means a member or former member of a preference to other preference eligibles. Pro- vided, this section does not relieve an em- (c) Nothing in this section shall relieve an uniformed service who is entitled, under employing office of any greater obligation it statute, to retired, retirement, or retainer ploying office of any greater obligation it may be subject to pursuant to the Worker may have pursuant to the Americans with pay on account of his/her service as such a Disabilities Act (42 U.S.C. § 12101 et seq.) as member; and Adjustment and Retraining Notification Act (29 U.S.C. § 2101 et seq.) as applied by section applied by section 102(a)(3) of the CAA, 2 (3) a preference eligible covered employee U.S.C. § 1302(a)(3). who is a retired member of a uniformed serv- 102(a)(9) of the CAA, 2 U.S.C. § 1302(a)(9). ice is considered a preference eligible only SEC. 1.113 CREDITING EXPERIENCE IN SEC. 1.115 TRANSFER OF FUNCTIONS if— REDUCTIONS IN FORCE (a) When a function is transferred from one (A) his/her retirement was based on dis- In computing length of service in connec- employing office to another employing of- ability— tion with a reduction in force, the employing fice, each covered employee in the affected (i) resulting from injury or disease re- office shall provide credit to preference eligi- position classifications or job classifications ceived in line of duty as a direct result of ble covered employees as follows: in the function that is to be transferred shall armed conflict; or (a) a preference eligible covered employee be transferred to the receiving employing of- (ii) caused by an instrumentality of war who is not a retired member of a uniformed fice for employment in a covered position for and incurred in the line of duty during a pe- service is entitled to credit for the total which he/she is qualified before the receiving riod of war as defined by sections 101 and 1101 length of time in active service in the armed employing office may make an appointment of title 38; forces; from another source to that position. (B) his/her service does not include twenty (b) a preference eligible covered employee (b) When one employing office is replaced or more years of full-time active service, re- who is a retired member of a uniformed serv- by another employing office, each covered gardless of when performed but not including ice is entitled to credit for: employee in the affected position classifica- periods of active duty for training; or (1) the length of time in active service in tions or job classifications in the employing (C) on November 30, 1964, he/she was em- the armed forces during a war, or in a cam- office to be replaced shall be transferred to ployed in a position to which this subchapter paign or expedition for which a campaign the replacing employing office for employ- applies and thereafter he/she continued to be badge has been authorized; or ment in a covered position for which he/she

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1398 CONGRESSIONAL RECORD — SENATE February 15, 2005 is qualified before the replacing employing is brought against an employing office by (b) Written guidances and notices to cov- office may make an appointment from an- the aggrieved person, the date on which such ered employees required by subsection (a) other source to that position. litigation is terminated. above shall include, at a minimum: SUBPART E—ADOPTION OF VETERANS’ PREF- 1.118 DISSEMINATION OF VETERANS’ PREFERENCE (1) the VEOA definition of veterans’ ‘‘pref- ERENCE POLICIES, RECORDKEEPING & INFOR- POLICIES TO APPLICANTS FOR COVERED POSI- erence eligible’’ as set forth in 5 U.S.C. § 2108 MATIONAL REQUIREMENTS TIONS or any superseding legislation, providing the actual, current definition along with the Sec. (a) An employing office shall state in any statutory citation; 1.116 Adoption of veterans’ preference pol- announcements and advertisements it makes (2) the employing office’s veterans’ pref- icy. concerning vacancies in covered positions erence policy or a summary description of 1.117 Preservation of records made or kept. that the staffing action is governed by the the employing office’s veterans’ preference 1.118 Dissemination of veterans’ preference VEOA. policy as it relates to workforce adjust- policies to applicants for covered posi- (b) An employing office shall invite appli- ments; and the procedures the employing of- tions. cants for a covered position to identify fice shall take to identify preference eligible 1.119 Dissemination of veterans’ preference themselves as veterans’ preference eligibles, employees. policies to covered employees. provided that in doing so: (1) the employing office shall state clearly (3) The employing office may include other 1.120 Written notice prior to a reduction in on any written application or questionnaire information in the notice or in its guidances, force. used for this purpose or make clear orally, if but is not required to do so by these regula- 1.121 Informational requirements regarding a written application or questionnaire is not tions. veterans’ preference determinations. used, that the requested information is in- (c) Employing offices are also expected to SEC. 1.116 ADOPTION OF VETERANS’ PREFERENCE tended for use solely in connection with the answer covered employee questions con- POLICY employing office’s obligations and efforts to cerning the employing office’s veterans’ pref- No later than 120 calendar days following provide veterans’ preference to preference erence policies and practices. Congressional approval of this regulation, eligibles in accordance with the VEOA; and 1.120 WRITTEN NOTICE PRIOR TO A REDUCTION IN each employing office that employs one or (2) the employing office shall state clearly FORCE that disabled veteran status is requested on more covered employees or that seeks appli- (a) Except as provided under subsection (b), a voluntary basis, that it will be kept con- cants for a covered position shall adopt its a covered employee may not be released, due fidential in accordance with the Americans written policy specifying how it has inte- to a reduction in force, unless the covered with Disabilities Act (42 U.S.C. § 12101 et seq.) grated the veterans’ preference requirements employee and the covered employee’s exclu- as applied by section 102(a)(3) of the CAA, 2 of the Veterans Employment Opportunities sive representative for collective-bargaining U.S.C. § 1302(a)(3), that refusal to provide it Act of 1998 and these regulations into its em- purposes (if any) are given written notice, in ployment and retention processes. Upon will not subject the individual to any ad- verse treatment except the possibility of an conformance with the requirements of para- timely request and the demonstration of graph (b), at least 60 days before the covered good cause, the Executive Director, in his/ adverse determination regarding the individ- ual’s status as a preference eligible as a dis- employee is so released. her discretion, may grant such an employing (b) Any notice under paragraph (a) shall in- office additional time for preparing its pol- abled veteran under the VEOA, and that any information obtained in accordance with this clude— icy. Each such employing office will make (1) the personnel action to be taken with its policies available to applicants for ap- section concerning the medical condition or history of an individual will be collected, respect to the covered employee involved; pointment to a covered position and to cov- (2) the effective date of the action; maintained and used only in accordance with ered employees in accordance with these reg- (3) a description of the procedures applica- the Americans with Disabilities Act (42 ulations and to the public upon request. The ble in identifying employees for release; U.S.C. § 12101 et seq.) as applied by section act of adopting a veterans’ preference policy (4) the covered employee’s competitive 102(a)(3) of the CAA, 2 U.S.C. § 1302(a)(3). shall not relieve any employing office of any area; other responsibility or requirement of the (c) An employing office shall provide the following information in writing to all quali- (5) the covered employee’s eligibility for Veterans Employment Opportunity Act of veterans’ preference in retention and how 1998 or these regulations. An employing of- fied applicants for a covered position: (1) the VEOA definition of veterans’ ‘‘pref- that preference eligibility was determined; fice may amend or replace its veterans’ pref- erence eligible’’ as set forth in 5 U.S.C. § 2108 (6) the retention status and preference eli- erence policies as it deems necessary or ap- or any superseding legislation, providing the gibility of the other employees in the af- propriate, so long as the resulting policies actual, current definition in a manner de- fected position classifications or job classi- are consistent with the VEOA and these reg- signed to be understood by applicants, along fications within the covered employee’s com- ulations. with the statutory citation; petitive area; SEC. 1.117 PRESERVATION OF RECORDS MADE OR (2) the employing office’s veterans’ pref- (7) the place where the covered employee KEPT erence policy or a summary description of may inspect the regulations and records per- An employing office that employs one or the employing office’s veterans’ preference tinent to him/her, as detailed in section more covered employees or that seeks appli- policy as it relates to appointments to cov- 1.121(b) below; and cants for a covered position shall maintain ered positions, including any procedures the (8) a description of any appeal or other any records relating to the application of its employing office shall use to identify pref- rights which may be available. veterans’ preference policy to applicants for erence eligible employees; (c) (1) The director of the employing office covered positions and to workforce adjust- (3) the employing office may provide other may, in writing, shorten the period of ad- ment decisions affecting covered employees information to applicants, but is not re- vance notice required under subsection (a), for a period of at least one year from the quired to do so by these regulations. with respect to a particular reduction in date of the making of the record or the date (d) Except as provided in this subpara- force, if necessary because of circumstances of the personnel action involved or, if later, graph, the written information required by not reasonably foreseeable. one year from the date on which the appli- paragraph (c) must be provided to all quali- (2) No notice period may be shortened to cant or covered employee is notified of the fied applicants for a covered position so as to less than 30 days under this subsection. personnel action. Where a claim has been allow those applicants a reasonable time to SEC. 1.121 INFORMATIONAL REQUIREMENTS RE- brought under section 401 of the CAA against respond regarding their veterans’ preference GARDING VETERANS’ PREFERENCE DETER- an employing office under the VEOA, the re- status. MINATIONS spondent employing office shall preserve all (e) Employing offices are also expected to (a) Upon written request by an applicant personnel records relevant to the claim until answer applicant questions concerning the for a covered position, the employing office final disposition of the claim. The term ‘‘per- employing office’s veterans’ preference poli- shall promptly provide a written explanation sonnel records relevant to the claim,’’ for ex- cies and practices. of the manner in which veterans’ preference ample, would include records relating to the SEC. 1.119 DISSEMINATION OF VETERANS’ was applied in the employing office’s ap- veterans’ preference determination regard- PREFERENCE POLICIES TO COVERED EMPLOYEES pointment decision regarding that applicant. ing the person bringing the claim and (a) If an employing office that employs one Such explanation shall state at a minimum: records relating to any veterans’ preference or more covered employees or that seeks ap- (1) Whether the applicant is preference eli- determinations regarding other applicants plicants for a covered position provides any gible and, if not, a brief statement of the rea- for the covered position the person sought, written guidance to such employees con- sons for the employing office’s determina- or records relating to the veterans’ pref- cerning employee rights generally or reduc- tion that the applicant is not preference eli- erence determinations regarding other cov- tions in force more specifically, such as in a gible. If the applicant is not considered pref- ered employees in the person’s position or written employee policy, manual or hand- erence eligible, the explanation need not ad- job classification. The date of final disposi- book, such guidance must include informa- dress the remaining matters described in tion of the charge or the action means the tion concerning veterans’ preference entitle- subparagraphs (2) and (3). latest of the date of expiration of the statu- ments under the VEOA and employee obliga- (2) If the applicant is preference eligible, tory period within which the aggrieved per- tions under the employing office’s veterans’ whether he/she is a qualified applicant and, if son may file a complaint with the Office or preference policy, as set forth in subsection not, a brief statement of the reasons for the in a U.S. District Court or, where an action (b) of this regulation. employing office’s determination that the

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2005 CONGRESSIONAL RECORD — SENATE S1399 applicant is not a qualified applicant. If the thusiasts are improving the BLM’s in- Today Mr. Cervantes lives with his applicant is not considered a qualified appli- terpretation of Red Rock Canyon; stu- daughter Norma and her daughter cant, the explanation need not address the dents from a local high school are dis- Kara, and he enjoys watching Braves remaining matters described in subpara- covering the unique history of Tule games in the company of his loving graph (3). (3) If the applicant is preference eligible Springs. It was Mark’s vision that family. It gives me great pleasure to and a qualified applicant, the employing of- made these partnerships happen. offer my sincerest congratulations to fice’s explanation shall advise whether the We in Nevada’s congressional delega- this special man on the occasion of his person appointed to the covered position for tion have also handed Mark his share 100th birthday. which the applicant was applying is pref- of challenges. The Nevada BLM over- erence eligible. sees an enormously successful program f (b) Upon written request by a covered em- that disposes of Federal land in south- ployee who has received a notice of reduction ern Nevada while using the proceeds to EGYPT in force under section 1.120 above (or his/her preserve Nevada’s natural treasures. representative), the employing office shall promptly provide a written explanation of This program has made federal land Mr. MCCONNELL. Mr. President, in the manner in which veterans’ preference agencies work together in ways that his recent State of the Union address, was applied in the employing office’s reten- have no precedent in our country. President Bush stated: tion decision regarding that covered em- Mark has helped create interagency the great and proud nation of Egypt, which ployee. Such explanation shall state: teams that improve both the care of showed the way toward peace in the Middle (1) Whether the covered employee is pref- Federal lands and the efficiency of the erence eligible and, if not, the reasons for East, can now show the way toward democ- agencies charged with that care. With- racy in the Middle East. the employing office’s determination that out Mark’s leadership, this program the covered employee is not preference eligi- would not be such a success story. In light of the President’s statement, ble. Mark has helped the Las Vegas Field I would like to submit for the RECORD (2) If the covered employee is preference el- an op-ed by Jackson Diehl that ap- igible, the employing office’s explanation Office adapt to the unique nature of shall include: managing Federal land in this growing peared in today’s Washington Post ti- (A) a list of all covered employee(s) in the urban setting. He is proud of his team, tled ‘‘Egypt’s Gamble.’’ requesting employee’s position classification and he would say it has embraced In this piece, Mr. Diehl notes with or job classification and competitive area change and achieved excellence. The concern that the Egyptian Government who were retained by the employing office, BLM is not always a popular entity in appears to be acting under the assump- identifying those employees by job title only Nevada, but Mark’s accomplishments tion that, despite the President’s and stating whether each such employee is have greatly improved its reputation. preference eligible, strong statement on the need for demo- (B) a list of all covered employee(s) in the Mark’s retirement is the culmination cratic reforms in the country, the requesting employee’s position classification of 39 years of service with the BLM in United States will still turn a blind eye or job classification and competitive area the West, including time in northern to the recent heavy-handed actions who were not retained by the employing of- California and Colorado as well as Ne- taken by the Egyptian authorities to- fice, identifying those employees by job title vada. I wish Mark the best, and I hope ward prodemocracy activists. Mr. only and stating whether each such em- I will have the privilege of working Diehl’s piece notes: ployee is preference eligible, and with him again in the future. (C) a brief statement of the reason(s) for The U.S. Embassy in Cairo is urging caution; the employing office’s decision not to retain f it argues that an overly aggressive U.S. reac- the covered employee. BALTAZAR CERVANTES’ 100TH tion [to the crackdown] would play into the END OF PROPOSED REGULATIONS BIRTHDAY hands of Egyptian ‘‘hardliners.’’ f Mr. REID. Mr. President, I speak Mr. President, I am deeply troubled RECOGNITION OF MARK MORSE today in recognition of Mr. Baltazar about these reports, if they are true. Cervantes’ 100th birthday. President Bush’s statement of policy Mr. REID. Mr. President, today I Mr. Cervantes was born and raised in wish to recognize the public service of with respect to Egypt could not be Mexico, and he came to the United more clear. Nonetheless, it appears Mark Morse of Las Vegas, NV. States in 1919, making Nevada his Mark has served as field manager for that there are those in the Bureau of home in 1958. Near Eastern Affairs at the State De- the Bureau of Land Management’s Las He worked for the Southern Pacific partment who are attempting to return Vegas Field Office for the last 5 years. Railroad for 36 years, then worked part to ‘‘business as usual’’ with respect to Serving as a field manager for any time for the city of Elko, in northeast BLM office is a challenge, but nowhere Nevada, for the next 20 years. He fi- U.S. policy toward Egypt. I would like are the competing demands of recre- nally retired in 1993 at the age of 88. to go on record as reiterating my ation and conservation, urban develop- Throughout his life, Mr. Cervantes strong support for the need for Egypt ment and species preservation more has dedicated himself to his family, a to reform its political and economic in- pronounced than in southern Nevada. group that has continued to grow over stitutions, and I look forward to work- Some might throw up their hands in time. Today his extended family in- ing with Secretary Rice to ensure that the face of such challenges, but Mark clude 10 children, 44 grandchildren, 54 the President’s vision of democracy in confronted them head on. He is re- great grandchildren, and 1 great-great- the region is not diluted at lower levels spected by such diverse groups as local grandchild. of the Department through bureau- and county government officials, envi- Mr. Cervantes has experienced many cratic inertia and intransigence. ronmental organizations, and recre- things during his life, and he has seen I ask unanimous consent that the op- ation advocates for balancing the needs some historic figures. When he was a ed be printed in the RECORD. of all who take an interest in our pub- young boy, he saw Pancho Villa in There being no objection, the mate- lic lands. Mexico, and after he moved to the rial was ordered to be printed in the He has forged partnerships between United States he was fortunate enough RECORD, as follows: the BLM and local organizations, in- to see the legendary Babe Ruth play cluding the Red Rock Canyon Interpre- baseball. [From the Washington Post, Feb. 14, 2005] tive Association, Friends of Red Rock Mr. Cervantes has long been an avid EGYPT’S GAMBLE Canyon, the National Wild Horse Asso- baseball fan, and his favorite team is (By Jackson Diehl) ciation, Master Gardeners, UNLV, and the Atlanta Braves. He tells his chil- the Clark County School District. dren that even though the Braves. The appearance of Egyptian Foreign Min- These partnerships have not only in- didn’t enjoy much success during the ister Ahmed Aboul Gheit and intelligence cluded the local community in the early years when he watched them, he chief Omar Suleiman in Washington this week should bring to a head a bold attempt stewardship of our public lands; they always knew they would turn it by their country’s strongman, Hosni Muba- have ensured that these lands are bet- around. I am sure Mr. Cervantes has rak, to neuter President Bush’s campaign for ter cared for than they would be under enjoyed the Braves’ 13 consecutive democracy in the Middle East within weeks only BLM supervision. Red Rock en- playoff appearances. of his inaugural address.

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1400 CONGRESSIONAL RECORD — SENATE February 15, 2005 Mubarak’s brazen gambit was encapsulated Few believe that Mubarak can now be mittee be called, the member may file in the by two events on successive days last week. stopped from granting himself another term office of the Committee a written request to On Tuesday he played host in Sharm el- as president. But proponents of change will the Chairman or Vice Chairman for that spe- Sheikh as Israeli Prime Minister Ariel Shar- argue that Bush must at least push Mubarak cial meeting. on and Palestinian President Mahmoud to make a major concession to his moderate (B) Immediately upon the filing of the re- Abbas declared a cease-fire. On Wednesday opposition. This is not a matter of the quest the Clerk of the Committee shall no- his police in Cairo arrested the deputy leader United States dictating reform: Nour, a new tify the Chairman and Vice Chairman of the of the new, liberal democratic Tomorrow po- coalition of political groups and even some litical party and banned its newspaper from officials in the ruling party have been press- filing of the request. If, within three cal- publishing its first issue—even though 10 ing for a constitutional rewrite that would endar days after the filing of the request, the days before the Bush administration had make future elections democratic and limit Chairman or the Vice Chairman does not call strongly objected to the arrest of the party’s the president’s power and tenure. They also the requested special meeting, to be held chairman, Ayman Nour. want lifted the ‘‘emergency laws’’ that Mu- within seven calendar days after the filing of Mubarak is betting that Gheit and barak has used to suppress political activity. the request, any three of the members of the Suleiman will be greeted at the State De- Bush need only embrace this homegrown Committee may file their written notice in partment and White House as close collabo- agenda. the office of the Committee that a special rators in a budding Israeli-Palestinian de- The old autocrat probably won’t yield un- meeting of the Committee will be held at a tente, not as representatives of a govern- less his annual dose of $1.2 billion in U.S. aid specified date and hour; such special meeting ment engaged in an expanding crackdown on is put at stake. Critics have been arguing for may not occur until forty-eight hours after its secular and democratic opposition. If so, years that that huge subsidy, which dates to the notice is filed. The Clerk shall imme- the 76-year-old president will feel secure in the Cold War, buys the United States little diately notify all members of the Committee continuing a campaign aimed at crushing but greater enmity from the millions of of the date and hour of the special meeting. what has been mounting opposition among Arabs who loathe the region’s corrupt autoc- The Committee shall meet at the specified the Egyptian political and business elite to racies and blame the United States for prop- date and hour. his plan to extend his quarter-century in of- ping them up. (d) Quorum: fice by six years through a rigged ref- The fact is, Mubarak has far more to lose erendum this fall. His son, Gamal, waits in than Bush from a rupture in U.S.-Egyptian (1) A majority of the members of the Select the wings to succeed him. relations. By contrast, if the dictator sails to Committee shall constitute a quorum for the Bush, who in his State of the Union speech reelection with the apparent consent of transaction of business involving complaints called on Egypt to ‘‘show the way’’ toward Washington, it is Bush who will be the big or allegations of, or information about, mis- democracy in the Middle East, will look loser. conduct, including resulting preliminary in- feckless and foolish if a regime so deeply de- quiries, adjudicatory reviews, recommenda- f pendent on U.S. military and economic aid tions or reports, and matters relating to stages another fraudulent election while RULES OF PROCEDURE—SELECT Senate Resolution 400, agreed to May 19, jailing the very politicians who support his COMMITTEE ON ETHICS 1976. vision. But Mubarak is betting that this U.S president, like those who preceded him, Mr. VOINOVICH. Mr. President, in (2) Three members shall constitute a won’t seriously confront him or threaten his accordance with rule XXVI.2 of the quorum for the transaction of the routine economic lifeline at a sensitive moment in Standing Rules of the Senate, I ask business of the Select Committee not cov- the ‘‘peace process.’’ unanimous consent that the Rules of ered by the first subparagraph of this para- He may or may not be right. Some officials Procedure of the Select Committee on graph, including requests for opinions and interpretations concerning the Code of Offi- tell me that the Egyptians will get a cool, if Ethics, which were adopted February not cold, reception in Washington and will be cial Conduct or any other statute or regula- told that the jailing of Nour and his deputy, 23, 1978, and revised November 1999, be tion under the jurisdiction of the Select Moussa Mustafa, is unacceptable. Bush, one printed in the CONGRESSIONAL RECORD Committee, if one member of the quorum is source said, is ‘‘furious’’ about the arrests. A for the 109th Congress. a Member of the Majority Party and one U.S. diplomatic letter has been drafted, but There being no objection, the mate- member of the quorum is a Member of the not yet dispatched, to other members of the rial was ordered to be printed in the Minority Party. During the transaction of Group of Eight industrial nations; it de- RECORD, as follows: routine business any member of the Select scribes Mubarak’s political crackdown in Committee constituting the quorum shall RULES OF THE SELECT COMMITTEE ON ETHICS harsh terms and suggests that G–8 participa- have the right to postpone further discussion RULE 1: GENERAL PROCEDURES tion in an early March meeting in Egypt of a pending matter until such time as a ma- with the Arab League should be reconsid- (a) Officers: In the absence of the Chair- jority of the members of the Select Com- ered. man, the duties of the Chair shall be filled by mittee are present. One official I spoke to pointed out that the Vice Chairman or, in the Vice Chair- Condoleezza Rice is due to pay her first visit man’s absence, a Committee member des- (3) Except for an adjudicatory hearing as secretary of state to the Arab Middle East ignated by the Chairman. under Rule 5 and any deposition taken out- for the Arab League meeting. If Nour is not (b) Procedural Rules: The basic procedural side the presence of a Member under Rule 6, freed, the official predicted, Rice may cancel rules of the Committee are stated as a part one Member shall constitute a quorum for the trip: ‘‘She is not going to sit there like of the Standing Orders of the Senate in Sen- hearing testimony, provided that all Mem- a potted plant while the Egyptians do this.’’ ate Resolution 338, 88th Congress, as amend- bers have been given notice of the hearing But Rice hasn’t addressed the issue, and ed, as well as other resolutions and laws. and the Chairman has designated a Member there is no consensus inside the administra- Supplementary Procedural Rules are stated of the Majority Party and the Vice Chairman tion on such a tough response. Predictably, herein and are hereinafter referred to as the has designated a Member of the Minority the U.S. Embassy in Cairo is urging caution; Rules. The Rules shall be published in the Party to be in attendance, either of whom in it argues that an overly aggressive U.S. reac- Congressional Record not later than thirty the absence of the other may constitute the tion would play into the hands of Egyptian days after adoption, and copies shall be made quorum. ‘‘hard-liners.’’ Such limp logic, of course, is available by the Committee office upon re- (e) Order of Business: Questions as to the exactly what the chief hard-liner—Muba- quest. order of business and the procedure of the rak—is counting on. (c) Meetings: Committee shall in the first instance be de- Whatever comes of the Nour affair, the (1) The regular meeting of the Committee cided by the Chairman and Vice Chairman, State Department has launched a committee shall be the first Thursday of each month subject to reversal by a vote by a majority of to review policy toward Egypt. That will while the Congress is in session. the Committee. give democracy advocates at State and the (2) Special meetings may be held at the White House a platform for arguing that re- call of the Chairman or Vice Chairman if at (f) Hearings Announcements: The Com- lations with Cairo should be fundamentally least forty-eight hours notice is furnished to mittee shall make public announcement of shifted in the coming year. They can count all members. If all members agree, a special the date, place and subject matter of any on support in Congress, where key Repub- meeting may be held on less than forty-eight hearing to be conducted by it at least one licans, such as Sen. Mitch McConnell of Ken- hours notice. week before the commencement of that hear- tucky, have grown increasingly impatient (3)(A) If any member of the Committee de- ing, and shall publish such announcement in with Mubarak’s refusal to liberalize. sires that a special meeting of the Com- the Congressional Record. If the Committee

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2005 CONGRESSIONAL RECORD — SENATE S1401 determines that there is good cause to com- For purposes of this paragraph, a member (m) Proxies; Recording Votes of Absent mence a hearing at an earlier date, such no- of the committee and an officer of the Sen- Members: tice will be given at the earliest possible ate shall be deemed to supervise any officer (1) Proxy voting shall not be allowed when time. or employee consistent with the provision of the question before the Committee is the ini- (g) Open and Closed Committee Meetings: paragraph 12 of Rule XXXVII of the Standing tiation or continuation of a preliminary in- Meetings of the Committee shall be open to Rules of the Senate. quiry or an adjudicatory review, or the the public or closed to the public (executive (2) If any Committee proceeding appears to issuance of a report or recommendation re- session), as determined under the provisions relate to a member of the Committee in a lated thereto concerning a Member or officer of paragraphs 5 (b) to (d) of Rule XXVI of the manner described in subparagraph (1) of this of the Senate. In any such case an absent Standing Rules of the Senate. Executive ses- paragraph, the staff shall prepare a report to member’s vote may be announced solely for sion meetings of the Committee shall be the Chairman and Vice Chairman. If either the purpose of recording the member’s posi- closed except to the members and the staff of the Chairman or the Vice Chairman con- tion and such announced votes shall not be the Committee. On the motion of any mem- cludes from the report that it appears that counted for or against the motion. ber, and with the approval of a majority of the member may be ineligible, the member (2) On matters other than matters listed in the Committee members present, other indi- shall be notified in writing of the nature of paragraph (m)(1) above, the Committee may viduals may be admitted to an executive ses- the particular proceeding and the reason order that the record be held open for the sion meeting for a specific period or purpose. that it appears that the member may be in- vote of absentees or recorded proxy votes if (h) Record of Testimony and Committee eligible to participate in it. If the member the absent Committee member has been in- Action: An accurate stenographic or tran- agrees that he or she is ineligible, the mem- formed of the matter on which the vote oc- scribed electronic record shall be kept of all ber shall so notify the Chairman or Vice curs and has affirmatively requested of the Committee proceedings, whether in execu- Chairman. If the member believes that he or Chairman or Vice Chairman in writing that tive or public session. Such record shall in- she is not ineligible, he or she may explain he be so recorded. clude Senators’ votes on any question on the reasons to the Chairman and Vice Chair- (3) All proxies shall be in writing, and shall which a recorded vote is held. The record of man, and if they both agree that the member be delivered to the Chairman or Vice Chair- a witness’s testimony, whether in public or is not ineligible, the member shall continue man to be recorded. (4) Proxies shall not be considered for the executive session, shall be made available for to serve. But if either the Chairman or Vice Chairman continues to believe that the purpose of establishing a quorum. inspection to the witness or his counsel (n) Approval of Blind Trusts and Foreign under Committee supervision; a copy of any member is ineligible, while the member be- lieves that he or she is not ineligible, the Travel Requests Between Sessions and Dur- testimony given by that witness in public ing Extended Recesses: During any period in session, or that part of the testimony given matter shall be promptly referred to the Committee. The member shall present his or which the Senate stands in adjournment be- by the witness in executive session and sub- tween sessions of the Congress or stands in a sequently quoted or made part of the record her arguments to the Committee in execu- tive session. Any contested questions con- recess scheduled to extend beyond fourteen in a public session shall be made available to days, the Chairman and Vice Chairman, or any witness if he so requests. (See Rule 5 on cerning a member’s eligibility shall be de- cided by a majority vote of the Committee, their designees, acting jointly, are author- Procedures for Conducting Hearings.) ized to approve or disapprove blind trusts (i) Secrecy of Executive Testimony and Ac- meeting in executive session, with the mem- ber in question not participating. under the provision of Rule XXXIV. tion and of Complaint Proceedings: (o) Committee Use of Services or Employ- (1) All testimony and action taken in exec- (3) A member of the Committee may, at ees of Other Agencies and Departments: With utive session shall be kept secret and shall the discretion of the member, disqualify the prior consent of the department or agen- not be released outside the Committee to himself or herself from participating in any cy involved, the Committee may (1) utilize any individual or group, whether govern- preliminary inquiry or adjudicatory review the services, information, or facilities of any mental or private, without the approval of a pending before the Committee and the deter- such department or agency of the Govern- majority of the Committee. minations and recommendations of the Com- ment, and (2) employ on a reimbursable basis (2) All testimony and action relating to a mittee with respect to any such preliminary or otherwise the services of such personnel of complaint or allegation shall be kept secret inquiry or adjudicatory review. (4) Whenever any member of the Com- any such department or agency as it deems and shall not be released by the Committee mittee is ineligible under paragraph (1) to advisable. With the consent of any other to any individual or group, whether govern- participate in any preliminary inquiry or ad- committee of the Senate, or any sub- mental or private, except the respondent, judicatory review, or disqualifies himself or committee, the Committee may utilize the without the approval of a majority of the herself under paragraph (3) from partici- facilities and the services of the staff of such Committee, until such time as a report to pating in any preliminary inquiry or adju- other committee or subcommittee whenever the Senate is required under Senate Resolu- dicatory review, another Senator shall be ap- the Chairman and Vice Chairman of the tion 338, 88th Congress, as amended, or unless pointed by the Senate to serve as a member Committee, acting jointly, determine that otherwise permitted under these Rules. (See of the Committee solely for purposes of such such action is necessary and appropriate. Rule 8 on Procedures for Handling Com- preliminary inquiry or adjudicatory review RULE 2: PROCEDURES FOR COMPLAINTS, mittee Sensitive and Classified Materials.) and the determinations and recommenda- (j) Release of Reports to Public: No infor- ALLEGATIONS, OR INFORMATION tions of the Committee with respect to such mation pertaining to, or copies of any Com- (a) Complaint, Allegation, or Information: preliminary inquiry or adjudicatory review. mittee report, study, or other document Any member or staff member of the Com- Any member of the Senate appointed for which purports to express the view, findings, mittee shall report to the Committee, and such purposes shall be of the same party as conclusions or recommendations of the Com- any other person may report to the Com- the member who is ineligible or disqualifies mittee, a sworn complaint or other allega- mittee in connection with any of its activi- himself or herself. ties or proceedings may be released to any (5) The President of the Senate shall be tion or information, alleging that any Sen- individual or group whether governmental or given written notice of the ineligibility or ator, or officer, or employee of the Senate private, without the authorization of the disqualification of any member from any has violated a law, the Senate Code of Offi- Committee. Whenever the Chairman or Vice preliminary inquiry, adjudicatory review, or cial Conduct, or any rule or regulation of the Chairman is authorized to make any deter- other proceeding requiring the appointment Senate relating to the conduct of any indi- mination, then the determination may be re- of another member in accordance with sub- vidual in the performance of his or her duty leased at his or her discretion. Each member paragraph (k)(4). as a Member, officer, or employee of the Sen- of the Committee shall be given a reasonable (6) A member of the Committee staff shall ate, or has engaged in improper conduct opportunity to have separate views included be ineligible to participate in any Com- which may reflect upon the Senate. Such as part of any Committee report. (See Rule 8 mittee proceeding that the staff director or complaints or allegations or information on Procedures for Handling Committee Sen- outside counsel determines relates specifi- may be reported to the Chairman, the Vice sitive and Classified Materials.) cally to any of the following: Chairman, a Committee member, or a Com- (k) Ineligibility or Disqualification of (A) the staff member’s own conduct; mittee staff member. Members and Staff: (B) the conduct of any employee that the (b) Source of Complaint, Allegation, or In- (1) A member of the Committee shall be in- staff member supervises; formation: Complaints, allegations, and in- eligible to participate in any Committee pro- (C) the conduct of any member, officer or formation to be reported to the Committee ceeding that relates specifically to any of employee for whom the staff member has may be obtained from a variety of sources, the following: worked for any substantial period; or including but not limited to the following: (A) a preliminary inquiry or adjudicatory (D) a complaint, sworn or unsworn, that (1) sworn complaints, defined as a written review relating to (i) the conduct of (I) such was filed by the staff member. At the direc- statement of facts, submitted under penalty member; (II) any officer or employee the tion or with the consent of the staff director of perjury, within the personal knowledge of member supervises; or (ii) any complaint or outside counsel, a staff member may also the complainant alleging a violation of law, filed by the member; and be disqualified from participating in a Com- the Senate Code of Official Conduct, or any (B) the determinations and recommenda- mittee proceeding in other circumstances other rule or regulation of the Senate relat- tions of the Committee with respect to any not listed above. ing to the conduct of individuals in the per- preliminary inquiry or adjudicatory review (l) Recorded Votes: Any member may re- formance of their duties as members, offi- described in subparagraph (A). quire a recorded vote on any matter. cers, or employees of the Senate;

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1402 CONGRESSIONAL RECORD — SENATE February 15, 2005 (2) anonymous or informal complaints; sel shall make a confidential report, oral or from members of the Committee, the Com- (3) information developed during a study or written, to the Committee on findings and mittee staff, or outside counsel. inquiry by the Committee or other commit- recommendations, as appropriate. (d) Right to a Hearing: The Committee tees or subcommittees of the Senate, includ- (g) Committee Action: As soon as prac- shall accord a respondent an opportunity for ing information obtained in connection with ticable following submission of the report on a hearing before it recommends disciplinary legislative or general oversight hearings; the preliminary inquiry, the Committee action against that respondent to the Senate (4) information reported by the news shall determine by a recorded vote whether or before it imposes an order of restitution media; or there is substantial credible evidence which or reprimand (not requiring discipline by the (5) information obtained from any indi- provides substantial cause for the Com- full Senate). vidual, agency or department of the execu- mittee to conclude that a violation within (e) Progress Reports to Committee: The tive branch of the Federal Government. the jurisdiction of the Committee has oc- Committee staff or outside counsel shall pe- (c) Form and Content of Complaints: A curred. The Committee may make any of the riodically report to the Committee con- complaint need not be sworn nor must it be following determinations: cerning the progress of the adjudicatory re- in any particular form to receive Committee (1) The Committee may determine that view. Such reports shall be delivered to the consideration, but the preferred complaint there is not such substantial credible evi- Committee in the form and according to the schedule prescribed by the Committee, and will: dence and, in such case, the Committee shall shall be confidential. (1) state, whenever possible, the name, ad- dismiss the matter. The Committee, or (f) Final Report of Adjudicatory Review to dress, and telephone number of the party fil- Chairman and Vice Chairman acting jointly Committee: Upon completion of an adjudica- ing the complaint; on behalf of the Committee, may dismiss any tory review, including any hearings held pur- (2) provide the name of each member, offi- matter which, after a preliminary inquiry, is suant to Rule 5, the outside counsel or the cer or employee of the Senate who is specifi- determined to lack substantial merit. The staff shall submit a confidential written re- cally alleged to have engaged in improper Committee shall inform the complainant of port to the Committee, which shall detail conduct or committed a violation; the dismissal. the factual findings of the adjudicatory re- (3) state the nature of the alleged improper (2) The Committee may determine that view and which may recommend disciplinary conduct or violation; there is such substantial credible evidence, action, if appropriate. Findings of fact of the (4) supply all documents in the possession but that the alleged violation is inadvertent, adjudicatory review shall be detailed in this of the party filing the complaint relevant to technical, or otherwise of a de minimis na- report whether or not disciplinary action is or in support of his or her allegations as an ture. In such case, the Committee may dis- recommended. attachment to the complaint. pose of the matter by issuing a public or pri- (g) Committee Action: RULE 3: PROCEDURES FOR CONDUCTING A vate letter of admonition, which shall not be (1) As soon as practicable following sub- PRELIMINARY INQUIRY considered discipline and which shall not be mission of the report of the staff or outside subject to appeal to the Senate. The issuance counsel on the adjudicatory review, the Com- (a) Definition of Preliminary Inquiry: A of a letter of admonition must be approved mittee shall prepare and submit a report to ‘‘preliminary inquiry’’ is a proceeding under- by the affirmative recorded vote of no fewer the Senate, including a recommendation or taken by the Committee following the re- than four members of the Committee voting. proposed resolution to the Senate concerning ceipt of a complaint or allegation of, or in- (3) The Committee may determine that disciplinary action, if appropriate. A report formation about, misconduct by a Member, there is such substantial credible evidence shall be issued, stating in detail the Commit- officer, or employee of the Senate to deter- and that the matter cannot be appropriately tee’s findings of fact, whether or not discipli- mine whether there is substantial credible disposed of under paragraph (2). In such case, nary action is recommended. The report evidence which provides substantial cause the Committee shall promptly initiate an shall also explain fully the reasons under- for the Committee to conclude that a viola- adjudicatory review in accordance with Rule lying the Committee’s recommendation con- tion within the jurisdiction of the Com- 4. No adjudicatory review of conduct of a cerning disciplinary action, if any. No adju- mittee has occurred. Member, officer, or employee of the Senate dicatory review of conduct of a Member, offi- (b) Basis for Preliminary Inquiry: The may be initiated except by the affirmative cer or employee of the Senate may be con- Committee shall promptly commence a pre- recorded vote of not less than four members ducted, or report or resolution or rec- liminary inquiry whenever it has received a of the Committee. ommendation relating to such an adjudica- sworn complaint, or other allegation of, or tory review of conduct may be made, except information about, alleged misconduct or RULE 4: PROCEDURES FOR CONDUCTING AN by the affirmative recorded vote of not less violations pursuant to Rule 2. ADJUDICATORY REVIEW than four members of the Committee. (c) Scope of Preliminary Inquiry: (a) Definition of Adjudicatory Review: An (2) Pursuant to S. Res. 338, as amended, (1) The preliminary inquiry shall be of such ‘‘adjudicatory review’’ is a proceeding under- section 2 (a), subsections (2), (3), and (4), duration and scope as is necessary to deter- taken by the Committee after a finding, on after receipt of the report prescribed by mine whether there is substantial credible the basis of a preliminary inquiry, that there paragraph (f) of this rule, the Committee evidence which provides substantial cause is substantial cause for the Committee to may make any of the following recommenda- for the Committee to conclude that a viola- conclude that a violation within the jurisdic- tions for disciplinary action or issue an order tion within the jurisdiction of the Com- tion of the Committee has occurred. for reprimand or restitution, as follows: mittee has occurred. The Chairman and Vice (b) Scope of Adjudicatory Review: When (i) In the case of a Member, a recommenda- Chairman, acting jointly, on behalf of the the Committee decides to conduct an adju- tion to the Senate for expulsion, censure, Committee may supervise and determine the dicatory review, it shall be of such duration payment of restitution, recommendation to appropriate duration, scope, and conduct of a and scope as is necessary for the Committee a Member’s party conference regarding the preliminary inquiry. Whether a preliminary to determine whether a violation within its Member’s seniority or positions of responsi- inquiry is conducted jointly by the Chairman jurisdiction has occurred. An adjudicatory bility, or a combination of these; (ii) In the case of an officer or employee, a and Vice Chairman or by the Committee as review shall be conducted by outside counsel recommendation to the Senate of dismissal, a whole, the day to day supervision of a pre- as authorized by section 3(b)(1) of Senate suspension, payment of restitution, or a liminary inquiry rests with the Chairman Resolution 338 unless the Committee deter- combination of these; and Vice Chairman, acting jointly. mines not to use outside counsel. In the (iii) In the case where the Committee de- (2) A preliminary inquiry may include any course of the adjudicatory review, designated termines, after according to the Member, of- inquiries, interviews, sworn statements, outside counsel, or if the Committee deter- ficer, or employee due notice and oppor- depositions, or subpoenas deemed appro- mines not to use outside counsel, the Com- tunity for a hearing, that misconduct oc- priate to obtain information upon which to mittee or its staff, may conduct any inquir- curred warranting discipline less serious make any determination provided for by this ies or interviews, take sworn statements, use than discipline by the full Senate, and sub- Rule. compulsory process as described in Rule 6, or ject to the provisions of paragraph (h) of this (d) Opportunity for Response: A prelimi- take any other actions that the Committee rule relating to appeal, by a unanimous vote nary inquiry may include an opportunity for deems appropriate to secure the evidence of six members order that a Member, officer any known respondent or his or her des- necessary to make a determination. or employee be reprimanded or pay restitu- ignated representative to present either a (c) Notice to Respondent: The Committee tion or both; written or oral statement, or to respond shall give written notice to any known re- (iv) In the case where the Committee de- orally to questions from the Committee. spondent who is the subject of an adjudica- termines that misconduct is inadvertent, Such an oral statement or answers shall be tory review. The notice shall be sent to the technical, or otherwise of a de minimis na- transcribed and signed by the person pro- respondent no later than five working days ture, issue a public or private letter of admo- viding the statement or answers. after the Committee has voted to conduct an nition to a Member, officer or employee, (e) Status Reports: The Committee staff or adjudicatory review. The notice shall include which shall not be subject to appeal to the outside counsel shall periodically report to a statement of the nature of the possible vio- Senate. the Committee in the form and according to lation, and description of the evidence indi- (3) In the case where the Committee deter- the schedule prescribed by the Committee. cating that a possible violation occurred. mines, upon consideration of all the evi- The reports shall be confidential. The Committee may offer the respondent an dence, that the facts do not warrant a find- (f) Final Report: When the preliminary in- opportunity to present a statement, orally ing that there is substantial credible evi- quiry is completed, the staff or outside coun- or in writing, or to respond to questions dence which provides substantial cause for

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2005 CONGRESSIONAL RECORD — SENATE S1403 the Committee to conclude that a violation tered to a witness by the Presiding Officer, (D) If a respondent refuses to provide the within the jurisdiction of the Committee has or in his absence, by any Committee mem- information and documents to the Com- occurred, the Committee may dismiss the ber. mittee (see (A) and (B) of this subparagraph), matter. (g) Witnesses: or if a respondent or other individual vio- (4) Promptly, after the conclusion of the (1) A subpoena or other request to testify lates an agreement limiting access and dis- adjudicatory review, the Committee’s report shall be served on a witness sufficiently in closure, the Committee, by majority vote, and recommendation, if any, shall be for- advance of his or her scheduled appearance may recommend to the Senate that the of- warded to the Secretary of the Senate, and a to allow the witness a reasonable period of fender be cited for contempt of Congress. copy shall be provided to the complainant time, as determined by the Committee, to (3) Swearing of Witnesses: All witnesses and the respondent. The full report and rec- prepare for the hearing and to employ coun- who testify at adjudicatory hearings shall be ommendation, if any, shall be printed and sel if desired. sworn unless the Presiding Officer, for good made public, unless the Committee deter- (2) The Committee may, by recorded vote cause, decides that a witness does not have mines by the recorded vote of not less than of not less than four members of the Com- to be sworn. four members of the Committee that it mittee, rule that no member of the Com- (4) Right to Counsel: Any witness at an ad- should remain confidential. mittee or staff or outside counsel shall make judicatory hearing may be accompanied by (h) Right of Appeal: public the name of any witness subpoenaed counsel of his or her own choosing, who shall (1) Any individual who is the subject of a by the Committee before the date of that be permitted to advise the witness of his or reprimand or order of restitution, or both, witness’s scheduled appearance, except as her legal rights during the testimony. pursuant to subsection (g)(2)(iii), may, with- specifically authorized by the Chairman and (5) Right to Cross-Examine and Call Wit- in 30 days of the Committee’s report to the Vice Chairman, acting jointly. nesses: Senate of its action imposing a reprimand or (3) Any witness desiring to read a prepared (A) In adjudicatory hearings, any respond- order of restitution, or both, appeal to the or written statement in executive or public ent and any other person who obtains the Senate by providing written notice of the ap- hearings shall file a copy of such statement permission of the Committee, may person- peal to the Committee and the presiding offi- with the Committee at least 2 working days ally or through counsel cross-examine wit- cer of the Senate. The presiding officer shall in advance of the hearing at which the state- nesses called by the Committee and may call cause the notice of the appeal to be printed ment is to be presented. The Chairman and witnesses in his or her own behalf. in the Congressional Record and the Senate Vice Chairman shall determine whether such (B) A respondent may apply to the Com- Journal. statements may be read or placed in the mittee for the issuance of subpoenas for the (2) S. Res. 338 provides that a motion to record of the hearing. appearance of witnesses or the production of proceed to consideration of an appeal pursu- (4) Insofar as practicable, each witness documents on his or her behalf. An applica- ant to paragraph (1) shall be highly privi- shall be permitted to present a brief oral tion shall be approved upon a concise show- leged and not debatable. If the motion to opening statement, if he or she desires to do ing by the respondent that the proposed tes- proceed to consideration of the appeal is so. timony or evidence is relevant and appro- agreed to, the appeal shall be decided on the (h) Right to Testify: Any person whose priate, as determined by the Chairman and basis of the Committee’s report to the Sen- name is mentioned or who is specifically Vice Chairman. ate. Debate on the appeal shall be limited to identified or otherwise referred to in testi- (C) With respect to witnesses called by a 10 hours, which shall be divided equally be- mony or in statements made by a Committee respondent, or other individual given permis- tween, and controlled by, those favoring and member, staff member or outside counsel, or sion by the Committee, each such witness those opposing the appeal. any witness, and who reasonably believes shall first be examined by the party who that the statement tends to adversely affect called the witness or by that party’s counsel. RULE 5: PROCEDURES FOR HEARINGS his or her reputation may— (D) At least 1 working day before a (a) Right to Hearing: The Committee may (1) Request to appear personally before the witness’s scheduled appearance, a witness or hold a public or executive hearing in any Committee to testify in his or her own be- a witness’s counsel may submit to the Com- preliminary inquiry, adjudicatory review, or half; or mittee written questions proposed to be other proceeding. The Committee shall ac- (2) File a sworn statement of facts relevant asked of that witness. If the Committee de- cord a respondent an opportunity for a hear- to the testimony or other evidence or state- termines that it is necessary, such questions ing before it recommends disciplinary action ment of which he or she complained. Such may be asked by any member of the Com- against that respondent to the Senate or be- request and such statement shall be sub- mittee, or by any Committee staff member if fore it imposes an order of restitution or rep- mitted to the Committee for its consider- directed by a Committee member. The wit- rimand. (See Rule 4(d).) ation and action. ness or witness’s counsel may also submit (b) Non-Public Hearings: The Committee (i) Conduct of Witnesses and Other additional sworn testimony for the record may at any time during a hearing determine Attendees: The Presiding Officer may punish within 24 hours after the last day that the in accordance with paragraph 5(b) of Rule any breaches of order and decorum by cen- witness has testified. The insertion of such XXVI of the Standing Rules of the Senate sure and exclusion from the hearings. The testimony in that day’s record is subject to whether to receive the testimony of specific Committee, by majority vote, may rec- the approval of the Chairman and Vice witnesses in executive session. If a witness ommend to the Senate that the offender be Chairman acting jointly within 5 days after desires to express a preference for testifying cited for contempt of Congress. the testimony is received. in public or in executive session, he or she (j) Adjudicatory Hearing Procedures: (6) Admissibility of Evidence: shall so notify the Committee at least 5 days (1) Notice of Hearings: A copy of the public (A) The object of the hearing shall be to as- before he or she is scheduled to testify. announcement of an adjudicatory hearing, certain the truth. Any evidence that may be (c) Adjudicatory Hearings: The Committee required by paragraph (e), shall be furnished relevant and probative shall be admissible may, by the recorded vote of not less than together with a copy of these Rules to all unless privileged under the Federal Rules of four members of the Committee, designate witnesses at the time that they are subpoe- Evidence. Rules of evidence shall not be ap- any public or executive hearing as an adju- naed or otherwise summoned to testify. plied strictly, but the Presiding Officer shall dicatory hearing; and any hearing which is (2) Preparation for Adjudicatory Hearings: exclude irrelevant or unduly repetitious tes- concerned with possible disciplinary action (A) At least 5 working days prior to the timony. Objections going only to the weight against a respondent or respondents des- commencement of an adjudicatory hearing, that should be given evidence will not justify ignated by the Committee shall be an adju- the Committee shall provide the following its exclusion. dicatory hearing. In any adjudicatory hear- information and documents to the respond- (B) The Presiding Officer shall rule upon ing, the procedures described in paragraph (j) ent, if any: any question of the admissibility of testi- shall apply. (i) a list of proposed witnesses to be called mony or other evidence presented to the (d) Subpoena Power: The Committee may at the hearing; Committee. Such rulings shall be final un- require, by subpoena or otherwise, the at- (ii) copies of all documents expected to be less reversed or modified by a recorded vote tendance and testimony of such witnesses introduced as exhibits at the hearing; and of not less than four members of the Com- and the production of such correspondence, (iii) a brief statement as to the nature of mittee before the recess of that day’s hear- books, papers, documents or other articles as the testimony expected to be given by each ings. it deems advisable. (See Rule 6.) witness to be called at the hearing. (C) Notwithstanding paragraphs (A) and (e) Notice of Hearings: The Committee (B) At least 2 working days prior to the (B), in any matter before the Committee in- shall make public an announcement of the commencement of an adjudicatory hearing, volving allegations of sexual discrimination, date, place, and subject matter of any hear- the respondent, if any, shall provide the in- including sexual harassment, or sexual mis- ing to be conducted by it, in accordance with formation and documents described in divi- conduct, by a Member, officer, or employee Rule 1(f). sions (i), (ii) and (iii) of subparagraph (A) to within the jurisdiction of the Committee, (f) Presiding Officer: The Chairman shall the Committee. the Committee shall be guided by the stand- preside over the hearings, or in his absence (C) At the discretion of the Committee, the ards and procedures of Rule 412 of the Fed- the Vice Chairman. If the Vice Chairman is information and documents to be exchanged eral Rules of Evidence, except that the Com- also absent, a Committee member designated under this paragraph shall be subject to an mittee may admit evidence subject to the by the Chairman shall preside. If an oath or appropriate agreement limiting access and provisions of this paragraph only upon a de- affirmation is required, it shall be adminis- disclosure. termination of not less than four members of

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1404 CONGRESSIONAL RECORD — SENATE February 15, 2005 the full Committee that the interests of jus- any subpoena authorized for issuance by it a copy at the Committee’s offices for review. tice require that such evidence be admitted. or authorized for issuance by the Chairman Upon inspecting the transcript, within a (7) Supplementary Hearing Procedures: and Vice Chairman, acting jointly. The time limit set by the Chairman and Vice The Committee may adopt any additional Chairman and Vice Chairman, acting jointly, Chairman, acting jointly, a witness may re- special hearing procedures that it deems nec- may withdraw any subpoena authorized for quest in writing changes in the transcript to essary or appropriate to a particular adju- issuance by them. correct errors in transcription. The witness dicatory hearing. Copies of such supple- (b) Depositions: may also bring to the attention of the Com- mentary procedures shall be furnished to (1) Persons Authorized to Take Deposi- mittee errors of fact in the witness’s testi- witnesses and respondents, and shall be made tions: Depositions may be taken by any mony by submitting a sworn statement available upon request to any member of the member of the Committee designated by the about those facts with a request that it be public. Chairman and Vice Chairman, acting jointly, attached to the transcript. The Chairman (k) Transcripts: or by any other person designated by the and Vice Chairman, acting jointly, may rule (1) An accurate stenographic or recorded Chairman and Vice Chairman, acting jointly, on the witness’s request, and the changes or transcript shall be made of all public and ex- including outside counsel, Committee staff, attachments allowed shall be certified by the ecutive hearings. Any member of the Com- other employees of the Senate, or govern- Committee’s chief clerk. If the witness fails mittee, Committee staff member, outside ment employees detailed to the Committee. to make any request under this paragraph counsel retained by the Committee, or wit- (2) Deposition Notices: Notices for the tak- within the time limit set, this fact shall be ness may examine a copy of the transcript ing of depositions shall be authorized by the noted by the Committee’s chief clerk. Any retained by the Committee of his or her own Committee, or the Chairman and Vice Chair- person authorized by the Committee may remarks and may suggest to the official re- man, acting jointly, and issued by the Chair- stipulate with the witness to changes in this porter any typographical or transcription er- man, Vice Chairman, or a Committee staff procedure. rors. If the reporter declines to make the re- member or outside counsel designated by the RULE 7: VIOLATIONS OF LAW; PERJURY; LEGIS- quested corrections, the member, staff mem- Chairman and Vice Chairman, acting jointly. LATIVE RECOMMENDATIONS; EDUCATIONAL ber, outside counsel or witness may request Depositions may be taken at any time dur- MANDATE; AND APPLICABLE RULES AND a ruling by the Chairman and Vice Chair- ing a preliminary inquiry, adjudicatory re- STANDARDS OF CONDUCT man, acting jointly. Any member or witness view or other proceeding. Deposition notices (a) Violations of Law: Whenever the Com- shall return the transcript with suggested shall specify a time and place for examina- mittee determines by the recorded vote of corrections to the Committee offices within tion. Unless otherwise specified, the deposi- not less than four members of the full Com- five working days after receipt of the tran- tion shall be in private, and the testimony mittee that there is reason to believe that a script, or as soon thereafter as is practicable. taken and documents produced shall be violation of law, including the provision of If the testimony was given in executive ses- deemed for the purpose of these rules to have false information to the Committee, may sion, the member or witness may only in- been received in a closed or executive session have occurred, it shall report such possible spect the transcript at a location determined of the Committee. The Committee shall not violation to the proper Federal and State au- by the Chairman and Vice Chairman, acting initiate procedures leading to criminal or thorities. jointly. Any questions arising with respect civil enforcement proceedings for a witness’s (b) Perjury: Any person who knowingly and willfully swears falsely to a sworn complaint to the processing and correction of tran- failure to appear, or to testify, or to produce or any other sworn statement to the Com- scripts shall be decided by the Chairman and documents, unless the deposition notice was mittee does so under penalty of perjury. The Vice Chairman, acting jointly. accompanied by a subpoena authorized for Committee may refer any such case to the (2) Except for the record of a hearing which issuance by the Committee, or the Chairman Attorney General for prosecution. is closed to the public, each transcript shall and Vice Chairman, acting jointly. (3) Counsel at Depositions: Witnesses may (c) Legislative Recommendations: The be printed as soon as is practicable after re- be accompanied at a deposition by counsel to Committee shall recommend to the Senate ceipt of the corrected version. The Chairman advise them of their rights. by report or resolution such additional rules, and Vice Chairman, acting jointly, may (4) Deposition Procedure: Witnesses at regulations, or other legislative measures as order the transcript of a hearing to be print- depositions shall be examined upon oath ad- it determines to be necessary or desirable to ed without the corrections of a member or ministered by an individual authorized by ensure proper standards of conduct by Mem- witness if they determine that such member law to administer oaths, or administered by bers, officers, or employees of the Senate. or witness has been afforded a reasonable any member of the Committee if one is The Committee may conduct such inquiries time to correct such transcript and such present. Questions may be propounded by as it deems necessary to prepare such a re- transcript has not been returned within such any person or persons who are authorized to port or resolution, including the holding of time. take depositions for the Committee. If a wit- hearings in public or executive session and (3) The Committee shall furnish each wit- ness objects to a question and refuses to tes- the use of subpoenas to compel the attend- ness, at no cost, one transcript copy of that tify, or refuses to produce a document, any ance of witnesses or the production of mate- witness’s testimony given at a public hear- member of the Committee who is present rials. The Committee may make legislative ing. If the testimony was given in executive may rule on the objection and, if the objec- recommendations as a result of its findings session, then a transcript copy shall be pro- in a preliminary inquiry, adjudicatory re- tion is overruled, direct the witness to an- vided upon request, subject to appropriate view, or other proceeding. swer the question or produce the document. conditions and restrictions prescribed by the (d) Educational Mandate: The Committee If no member of the Committee is present, Chairman and Vice Chairman. If any indi- shall develop and implement programs and the individual who has been designated by vidual violates such conditions and restric- materials designed to educate Members, offi- the Chairman and Vice Chairman, acting tions, the Committee may recommend by cers, and employees about the laws, rules, jointly, to take the deposition may proceed majority vote that he or she be cited for con- regulations, and standards of conduct appli- with the deposition, or may, at that time or tempt of Congress. cable to such individuals in the performance at a subsequent time, seek a ruling by tele- of their duties. RULE 6: SUBPOENAS AND DEPOSITIONS phone or otherwise on the objection from the (e) Applicable Rules and Standards of Con- (a) Subpoenas: Chairman or Vice Chairman of the Com- duct: (1) Authorization for Issuance: Subpoenas mittee, who may refer the matter to the (1) Notwithstanding any other provision of for the attendance and testimony of wit- Committee or rule on the objection. If the this section, no adjudicatory review shall be nesses at depositions or hearings, and sub- Chairman or Vice Chairman, or the Com- initiated of any alleged violation of any law, poenas for the production of documents and mittee upon referral, overrules the objec- the Senate Code of Official Conduct, rule, or tangible things at depositions, hearings, or tion, the Chairman, Vice Chairman, or the regulation which was not in effect at the other times and places designated therein, Committee as the case may be, may direct time the alleged violation occurred. No pro- may be authorized for issuance by either (A) the witness to answer the question or visions of the Senate Code of Official Con- a majority vote of the Committee, or (B) the produce the document. The Committee shall duct shall apply to or require disclosure of Chairman and Vice Chairman, acting jointly, not initiate procedures leading to civil or any act, relationship, or transaction which at any time during a preliminary inquiry, criminal enforcement unless the witness re- occurred prior to the effective date of the ap- adjudicatory review, or other proceeding. fuses to testify or produce documents after plicable provision of the Code. (2) Signature and Service: All subpoenas having been directed to do so. (2) The Committee may initiate an adju- shall be signed by the Chairman or the Vice (5) Filing of Depositions: Deposition testi- dicatory review of any alleged violation of a Chairman and may be served by any person mony shall be transcribed or electronically rule or law which was in effect prior to the eighteen years of age or older, who is des- recorded. If the deposition is transcribed, the enactment of the Senate Code of Official ignated by the Chairman or Vice Chairman. individual administering the oath shall cer- Conduct if the alleged violation occurred Each subpoena shall be served with a copy of tify on the transcript that the witness was while such rule or law was in effect and the the Rules of the Committee and a brief state- duly sworn in his or her presence and the violation was not a matter resolved on the ment of the purpose of the Committee’s pro- transcriber shall certify that the transcript merits by the predecessor Committee. ceeding. is a true record of the testimony. The tran- RULE 8: PROCEDURES FOR HANDLING COMMITTEE (3) Withdrawal of Subpoena: The Com- script with these certifications shall be filed SENSITIVE AND CLASSIFIED MATERIALS mittee, by recorded vote of not less than four with the chief clerk of the Committee, and (a) Procedures for Handling Committee members of the Committee, may withdraw the witness shall be furnished with access to Sensitive Materials:

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2005 CONGRESSIONAL RECORD — SENATE S1405 (1) Committee Sensitive information or (3) Committee Sensitive documents that tography, or by any other methods of cov- material is information or material in the are provided to a Member of the Senate in erage, unless the Committee decides by re- possession of the Select Committee on Eth- connection with a complaint that has been corded vote of not less than four members of ics which pertains to illegal or improper con- filed against the Member shall be hand deliv- the Committee that such coverage is not ap- duct by a present or former Member, officer, ered to the Member or to the Member’s Chief propriate at a particular hearing or meeting. or employee of the Senate; to allegations or of Staff or Administrative Assistant. Com- (b) Any witness served with a subpoena by accusations of such conduct; to any resulting mittee Sensitive documents that are pro- the Committee may request not to be photo- preliminary inquiry, adjudicatory review or vided to a Member of the Senate who is the graphed at any hearing or to give evidence or other proceeding by the Select Committee subject of a preliminary inquiry, adjudica- testimony while the broadcasting, reproduc- on Ethics into such allegations or conduct; tory review, or other proceeding, shall be tion, or coverage of that hearing, by radio, to the investigative techniques and proce- hand delivered to the Member or to his or television, still photography, or other meth- dures of the Select Committee on Ethics; or her specifically designated representative. ods is occurring. At the request of any such to other information or material designated (4) Any Member of the Senate who is not a witness who does not wish to be subjected to by the staff director, or outside counsel des- member of the Committee and who seeks ac- radio, television, still photography, or other ignated by the Chairman and Vice Chairman. cess to any Committee Sensitive or classi- methods of coverage, and subject to the ap- (2) The Chairman and Vice Chairman of the fied documents or materials, other than doc- proval of the Committee, all lenses shall be Committee shall establish such procedures uments or materials which are matters of covered and all microphones used for cov- as may be necessary to prevent the unau- public record, shall request access in writing. erage turned off. thorized disclosure of Committee Sensitive The Committee shall decide by majority (c) If coverage is permitted, it shall be in information in the possession of the Com- vote whether to make documents or mate- accordance with the following requirements: mittee or its staff. Procedures for protecting rials available. If access is granted, the (1) Photographers and reporters using me- Committee Sensitive materials shall be in Member shall not disclose the information chanical recording, filming, or broadcasting writing and shall be given to each Com- except as authorized by the Committee. apparatus shall position their equipment so mittee staff member. (5) Whenever the Committee makes Com- as not to interfere with the seating, vision, (b) Procedures for Handling Classified Ma- mittee Sensitive or classified documents or and hearing of the Committee members and terials: materials available to any Member of the staff, or with the orderly process of the (1) Classified information or material is in- Senate who is not a member of the Com- meeting or hearing. formation or material which is specifically mittee, or to a staff person of a Committee (2) If the television or radio coverage of the designated as classified under the authority member in response to a specific request to hearing or meeting is to be presented to the of Executive Order 11652 requiring protection public as live coverage, the coverage shall be of such information or material from unau- the Chairman and Vice Chairman, a written conducted and presented without commer- thorized disclosure in order to prevent dam- record shall be made identifying the Member cial sponsorship. age to the United States. of the Senate requesting such documents or (2) The Chairman and Vice Chairman of the materials and describing what was made (3) Personnel providing coverage by the Committee shall establish such procedures available and to whom. television and radio media shall be currently as may be necessary to prevent the unau- (d) Non-Disclosure Policy and Agreement: accredited to the Radio and Television Cor- thorized disclosure of classified information (1) Except as provided in the last sentence respondents’ Galleries. in the possession of the Committee or its of this paragraph, no member of the Select (4) Personnel providing coverage by still staff. Procedures for handling such informa- Committee on Ethics, its staff or any person photography shall be currently accredited to tion shall be in writing and a copy of the engaged by contract or otherwise to perform the Press Photographers’ Gallery Committee procedures shall be given to each staff mem- services for the Select Committee on Ethics of Press Photographers. ber cleared for access to classified informa- shall release, divulge, publish, reveal by (5) Personnel providing coverage by the tion. writing, word, conduct, or disclose in any television and radio media and by still pho- (3) Each member of the Committee shall way, in whole, or in part, or by way of sum- tography shall conduct themselves and the have access to classified material in the mary, during tenure with the Select Com- coverage activities in an orderly and unob- Committee’s possession. Only Committee mittee on Ethics or anytime thereafter, any trusive manner. staff members with appropriate security testimony given before the Select Com- RULE 10: PROCEDURES FOR ADVISORY OPINIONS mittee on Ethics in executive session (in- clearances and a need-to-know, as approved (a) When Advisory Opinions Are Rendered: cluding the name of any witness who ap- by the Chairman and Vice Chairman, acting (1) The Committee shall render an advisory peared or was called to appear in executive jointly, shall have access to classified infor- opinion, in writing within a reasonable time, session), any classified or Committee Sen- mation in the Committee’s possession. in response to a written request by a Member (c) Procedures for Handling Committee sitive information, document or material, or officer of the Senate or a candidate for Sensitive and Classified Documents: received or generated by the Select Com- nomination for election, or election to the (1) Committee Sensitive documents and mittee on Ethics or any classified or Com- Senate, concerning the application of any materials shall be stored in the Committee’s mittee Sensitive information which may law, the Senate Code of Official Conduct, or offices, with appropriate safeguards for come into the possession of such person dur- any rule or regulation of the Senate within maintaining the security of such documents ing tenure with the Select Committee on the Committee’s jurisdiction, to a specific or materials. Classified documents and mate- Ethics or its staff. Such information, docu- factual situation pertinent to the conduct or rials shall be further segregated in the Com- ments, or material may be released to an of- proposed conduct of the person seeking the mittee’s offices in secure filing safes. Re- ficial of the executive branch properly advisory opinion. moval from the Committee offices of such cleared for access with a need-to-know, for (2) The Committee may issue an advisory documents or materials is prohibited except any purpose or in connection with any pro- opinion in writing within a reasonable time as necessary for use in, or preparation for, ceeding, judicial or otherwise, as authorized in response to a written request by any em- interviews or Committee meetings, including by the Select Committee on Ethics, or in the ployee of the Senate concerning the applica- the taking of testimony, or as otherwise spe- event of termination of the Select Com- tion of any law, the Senate Code of Official cifically approved by the staff director or by mittee on Ethics, in such a manner as may Conduct, or any rule or regulation of the outside counsel designated by the Chairman be determined by its successor or by the Sen- Senate within the Committee’s jurisdiction, and Vice Chairman. ate. to a specific factual situation pertinent to (2) Each member of the Committee shall (2) No member of the Select Committee on the conduct or proposed conduct of the per- have access to all materials in the Commit- Ethics staff or any person engaged by con- son seeking the advisory opinion. tee’s possession. The staffs of members shall tract or otherwise to perform services for the (b) Form of Request: A request for an advi- not have access to Committee Sensitive or Select Committee on Ethics, shall be grant- sory opinion shall be directed in writing to classified documents and materials without ed access to classified or Committee Sen- the Chairman of the Committee and shall in- the specific approval in each instance of the sitive information or material in the posses- clude a complete and accurate statement of Chairman, and Vice Chairman, acting joint- sion of the Select Committee on Ethics un- the specific factual situation with respect to ly. Members may examine such materials in less and until such person agrees in writing, the Committee’s offices. If necessary, re- which the request is made as well as the spe- as a condition of employment, to the non- quested materials may be hand delivered by cific question or questions which the re- disclosure policy. The agreement shall be- a member of the Committee staff to the questor wishes the Committee to address. come effective when signed by the Chairman member of the Committee, or to a staff per- (c) Opportunity for Comment: and Vice Chairman on behalf of the Com- son(s) specifically designated by the mem- (1) The Committee will provide an oppor- mittee. ber, for the Member’s or designated staffer’s tunity for any interested party to comment examination. A member of the Committee RULE 9: BROADCASTING AND NEWS COVERAGE OF on a request for an advisory opinion— who has possession of Committee Sensitive COMMITTEE PROCEEDINGS (A) which requires an interpretation on a documents or materials shall take appro- (a) Whenever any hearing or meeting of the significant question of first impression that priate safeguards for maintaining the secu- Committee is open to the public, the Com- will affect more than a few individuals; or rity of such documents or materials in the mittee shall permit that hearing or meeting (B) when the Committee determines that possession of the Member or his or her des- to be covered in whole or in part, by tele- comments from interested parties would be ignated staffer. vision broadcast, radio broadcast, still pho- of assistance.

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With respect to an individual’s request for a gressional Record, with appropriate dele- (d) Publication of Rulings: The Committee waiver in connection with the acceptance or tions to insure confidentiality, and inter- will publish in the Congressional Record, reporting the value of gifts on the occasion ested parties will be asked to submit their after making appropriate deletions to ensure of the individual’s marriage, the Chairman comments in writing to the Committee with- confidentiality, any interpretative rulings and the Vice Chairman, acting jointly, may in ten days. issued under this Rule which the Committee rule on the waiver. (3) All relevant comments received on a determines may be of assistance or guidance (d) Availability of Waiver Determinations: timely basis will be considered. to other Members, officers or employees. The A brief description of any waiver granted by (d) Issuance of an Advisory Opinion: Committee may at any time revise, with- the Committee, with appropriate deletions (1) The Committee staff shall prepare a draw, or elaborate on interpretative rulings. to ensure confidentiality, shall be made proposed advisory opinion in draft form (e) Reliance on Rulings: Whenever an indi- available for review upon request in the which will first be reviewed and approved by vidual can demonstrate to the Committee’s Committee office. Waivers granted by the the Chairman and Vice Chairman, acting satisfaction that his or her conduct was in Committee pursuant to the Ethics in Gov- jointly, and will be presented to the Com- good faith reliance on an interpretative rul- ernment Act of 1978, as amended, may only mittee for final action. If (A) the Chairman ing issued in accordance with this Rule, the be granted pursuant to a publicly available and Vice Chairman cannot agree, or (B) ei- Committee will not recommend sanctions to request as required by the Act. ther the Chairman or Vice Chairman re- the Senate as a result of such conduct. RULE 14: DEFINITION OF ‘‘OFFICER OR quests that it be taken directly to the Com- (f) Rulings by Committee Staff: The Com- EMPLOYEE’’ mittee, then the proposed advisory opinion mittee staff is not authorized to make rul- (a) As used in the applicable resolutions shall be referred to the Committee for its de- ings or give advice, orally or in writing, and in these rules and procedures, the term cision. which binds the Committee in any way. ‘‘officer or employee of the Senate’’ means: (2) An advisory opinion shall be issued only RULE 12: PROCEDURES FOR COMPLAINTS INVOLV- (1) An elected officer of the Senate who is by the affirmative recorded vote of a major- ING IMPROPER USE OF THE MAILING FRANK not a Member of the Senate; ity of the members voting. (a) Authority To Receive Complaints: The (2) An employee of the Senate, any com- (3) Each advisory opinion issued by the Committee is directed by section 6(b) of Pub- mittee or subcommittee of the Senate, or Committee shall be promptly transmitted lic Law 93–191 to receive and dispose of com- any Member of the Senate; for publication in the Congressional Record plaints that a violation of the use of the (3) The Legislative Counsel of the Senate after appropriate deletions are made to in- mailing frank has occurred or is about to or any employee of his office; (4) An Official Reporter of Debates of the sure confidentiality. The Committee may at occur by a Member or officer of the Senate Senate and any person employed by the Offi- any time revise, withdraw, or elaborate on or by a surviving spouse of a Member. All cial Reporters of Debates of the Senate in any advisory opinion. such complaints will be processed in accord- connection with the performance of their of- (e) Reliance on Advisory Opinions: ance with the provisions of these Rules, ex- (1) Any advisory opinion issued by the ficial duties; cept as provided in paragraph (b). (5) A member of the Capitol Police force Committee under Senate Resolution 338, 88th (b) Disposition of Complaints: whose compensation is disbursed by the Sec- Congress, as amended, and the rules may be (1) The Committee may dispose of any such retary of the Senate; complaint by requiring restitution of the relied upon by— (6) An employee of the Vice President, if cost of the mailing, pursuant to the franking (A) Any person involved in the specific such employee’s compensation is disbursed transaction or activity with respect to which statute, if it finds that the franking viola- by the Secretary of the Senate; such advisory opinion is rendered if the re- tion was the result of a mistake. (7) An employee of a joint committee of quest for such advisory opinion included a (2) Any complaint disposed of by restitu- the Congress whose compensation is dis- complete and accurate statement of the spe- tion that is made after the Committee has bursed by the Secretary of the Senate; cific factual situation; and formally commenced an adjudicatory review, (8) An officer or employee of any depart- (B) any person involved in any specific must be summarized, together with the dis- ment or agency of the Federal Government transaction or activity which is indistin- position, in a report to the Senate, as appro- whose services are being utilized on a full- guishable in all its material aspects from the priate. time and continuing basis by a Member, offi- transaction or activity with respect to which (3) If a complaint is disposed of by restitu- cer, employee, or committee of the Senate in such advisory opinion is rendered. tion, the complainant, if any, shall be noti- accordance with Rule XLI(3) of the Standing (2) Any person who relies upon any provi- fied of the disposition in writing. Rules of the Senate; and sion or finding of an advisory opinion in ac- (c) Advisory Opinions and Interpretative (9) Any other individual whose full-time cordance with the provisions of Senate Reso- Rulings: Requests for advisory opinions or services are utilized for more than 90 days in lution 338, 88th Congress, as amended, and of interpretative rulings involving franking a calendar year by a Member, officer, em- the rules, and who acts in good faith in ac- questions shall be processed in accordance ployee, or committee of the Senate in the cordance with the provisions and findings of with Rules 10 and 11. conduct of official duties in accordance with such advisory opinion shall not, as a result RULE 13: PROCEDURES FOR WAIVERS Rule XLI(4) of the Standing Rules of the of any such act, be subject to any sanction (a) Authority for Waivers: The Committee Senate. by the Senate. is authorized to grant a waiver under the fol- RULE 15: COMMITTEE STAFF RULE 11: PROCEDURES FOR INTERPRETATIVE lowing provisions of the Standing Rules of (a) Committee Policy: RULINGS the Senate: (1) The staff is to be assembled and re- (1) Section 101(h) of the Ethics in Govern- tained as a permanent, professional, non- (a) Basis for Interpretative Rulings: Senate ment Act of 1978, as amended (Rule XXXIV), Resolution 338, 88th Congress, as amended, partisan staff. relating to the filing of financial disclosure (2) Each member of the staff shall be pro- authorizes the Committee to issue interpre- reports by individuals who are expected to fessional and demonstrably qualified for the tative rulings explaining and clarifying the perform or who have performed the duties of position for which he or she is hired. application of any law, the Code of Official their offices or positions for less than one (3) The staff as a whole and each member Conduct, or any rule or regulation of the hundred and thirty days in a calendar year; of the staff shall perform all official duties Senate within its jurisdiction. The Com- (2) Section 102(a)(2)(D) of the Ethics in in a nonpartisan manner. mittee also may issue such rulings clarifying Government Act, as amended (Rule XXXIV), (4) No member of the staff shall engage in or explaining any rule or regulation of the relating to the reporting of gifts; any partisan political activity directly af- Select Committee on Ethics. (3) Paragraph 1 of Rule XXXV relating to fecting any congressional or presidential (b) Request for Ruling: A request for such acceptance of gifts; or election. a ruling must be directed in writing to the (4) Paragraph 5 of Rule XLI relating to ap- (5) No member of the staff or outside coun- Chairman or Vice Chairman of the Com- plicability of any of the provisions of the sel may accept public speaking engagements mittee. Code of Official Conduct to an employee of or write for publication on any subject that (c) Adoption of Ruling: the Senate hired on a per diem basis. is in any way related to his or her employ- (1) The Chairman and Vice Chairman, act- (b) Requests for Waivers: A request for a ment or duties with the Committee without ing jointly, shall issue a written interpreta- waiver under paragraph (a) must be directed specific advance permission from the Chair- tive ruling in response to any such request, to the Chairman or Vice Chairman in writing man and Vice Chairman. unless—— and must specify the nature of the waiver (6) No member of the staff may make pub- (A) they cannot agree, being sought and explain in detail the facts lic, without Committee approval, any Com- (B) it requires an interpretation of a sig- alleged to justify a waiver. In the case of a mittee Sensitive or classified information, nificant question of first impression, or request submitted by an employee, the views documents, or other material obtained dur- (C) either requests that it be taken to the of his or her supervisor (as determined under ing the course of his or her employment with Committee, in which event the request shall paragraph 12 of Rule XXXVII of the Standing the Committee. be directed to the Committee for a ruling. Rules of the Senate) should be included with (b) Appointment of Staff: (2) A ruling on any request taken to the the waiver request. (1) The appointment of all staff members Committee under subparagraph (1) shall be (c) Ruling: The Committee shall rule on a shall be approved by the Chairman and Vice adopted by a majority of the members voting waiver request by recorded vote with a ma- Chairman, acting jointly.

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(2) The Committee may determine by ma- RULES OF THE SENATE COMMITTEE ON HOME- any information relating to the investiga- jority vote that it is necessary to retain staff LAND SECURITY AND GOVERNMENTAL AF- tion or prosecution of a criminal offense that members, including a staff recommended by FAIRS is required to be kept secret in the interests a special counsel, for the purpose of a par- RULE 1. MEETINGS AND MEETING PROCEDURES of effective law enforcement; (5) will disclose information relating to the ticular preliminary inquiry, adjudicatory re- OTHER THAN HEARINGS view, or other proceeding. Such staff shall be trade secrets of financial or commercial in- A. Meeting dates. The Committee shall retained only for the duration of that par- formation pertaining specifically to a given hold its regular meetings on the first Thurs- ticular undertaking. person if— day of each month, when the Congress is in (3) The Committee is authorized to retain (A) an Act of Congress requires the infor- session, or at such other times as the chair- and compensate counsel not employed by the mation to be kept confidential by Govern- man shall determine. Additional meetings Senate (or by any department or agency of ment officers and employees; or may be called by the chairman as he/she (B) the information has been obtained by the Executive Branch of the Government) deems necessary to expedite Committee the Government on a confidential basis, whenever the Committee determines that business. (Rule XXVI, Sec. 3, Standing Rules other than through an application by such the retention of outside counsel is necessary of the Senate.) person for a specific Government financial or or appropriate for any action regarding any B. Calling special Committee meetings. If other benefit, and is required to be kept se- complaint or allegation, preliminary in- at least three members of the Committee de- cret in order to prevent undue injury to the quiry, adjudicatory review, or other pro- sire the chairman to call a special meeting, competitive position of such person; or ceeding, which in the determination of the they may file in the offices of the Committee (6) may divulge matters required to be Committee, is more appropriately conducted a written request therefor, addressed to the kept confidential under other provisions of by counsel not employed by the Government chairman. Immediately thereafter, the clerk law or Government regulations. (Rule XXVI, of the United States as a regular employee. of the committee shall notify the chairman Sec. 5(b), Standing Rules of the Senate.) Not- The Committee shall retain and compensate of such request. If, within 3 calendar days withstanding the foregoing, whenever dis- outside counsel to conduct any adjudicatory after the filing of such request, the chairman order arises during a Committee or Sub- review undertaken after a preliminary in- fails to call the requested special meeting, committee meeting that is open to the pub- quiry, unless the Committee determines that which is to be held within 7 calendar days lic, or any demonstration of approval or dis- the use of outside counsel is not appropriate after the filing of such request, a majority of approval is indulged in by any person in at- in the particular case. the committee members may file in the of- tendance at any such meeting, it shall be the (c) Dismissal of Staff: A staff member may fices of the committee their written notice duty of the chairman to enforce order on his not be removed for partisan, political rea- or her own initiative and without any point that a special Committee meeting will be sons, or merely as a consequence of the rota- of order being made by a member of the held, specifying the date and hour thereof, tion of the Committee membership. The Committee or Subcommittee; provided, fur- and the Committee shall meet on that date Chairman and Vice Chairman, acting jointly, ther, that when the chairman finds it nec- and hour. shall approve the dismissal of any staff essary to maintain order, he/she shall have Immediately upon the filing of such notice, member. the power to clear the room, and the Com- the Committee clerk shall notify all Com- (d) Staff Works for Committee as Whole: mittee or Subcommittee may act in closed mittee members that such special meeting All staff employed by the Committee or session for so long as there is doubt of the as- will be held and inform them of its date and housed in Committee offices shall work for surance of order. (Rule XXVI, Sec. 5(d), hour. (Rule XXVI, Sec. 3, Standing Rules of the Committee as a whole, under the general Standing Rules of the Senate.) the Senate.) direction of the Chairman and Vice Chair- E. Prior notice of first degree amendments. C. Meeting notices and agenda. Written no- man, and the immediate direction of the It shall not be in order for the committee, or tices of Committee meetings, accompanied staff director or outside counsel. a Subcommittee thereof, to consider any by an agenda, enumerating the items of busi- (e) Notice of Summons to Testify: Each amendment in the first degree proposed to ness to be considered, shall be sent to all member of the Committee staff or outside any measure under consideration by the Committee members at least 3 days in ad- counsel shall immediately notify the Com- Committee or Subcommittee unless a writ- vance of such meetings, excluding Satur- mittee in the event that he or she is called ten copy of such amendment has been deliv- days, Sundays, and legal holidays in which upon by a properly constituted authority to ered to each member of the Committee or the Senate is not in session. The written no- testify or provide confidential information Subcommittee, as the case may be, and to tices required by this Rule may be provided obtained as a result of and during his or her the office of the Committee or Sub- by electronic mail. In the event that unfore- employment with the Committee. committee, at least 24 hours before the meet- seen requirements or Committee business ing of the Committee or Subcommittee at RULE 16: CHANGES IN SUPPLEMENTARY prevent a 3-day notice of either the meeting which the amendment is to be proposed. The PROCEDURAL RULES or agenda, the Committee staff shall commu- written copy of amendments in the first de- (a) Adoption of Changes in Supplementary nicate such notice and agenda, or any revi- gree required by this Rule may be provided Rules: The Rules of the Committee, other sions to the agenda, as soon as practicable by electronic mail. This subsection may be than rules established by statute, or by the by telephone or otherwise to members or ap- waived by a majority of the members Standing Rules and Standing Orders of the propriate staff assistants in their offices. present. This subsection shall apply only Senate, may be modified, amended, or sus- D. Open business meetings. Meetings for when at least 72 hours written notice of a pended at any time, pursuant to a recorded the transaction of Committee or Sub- session to mark-up a measure is provided to vote of not less than four members of the full committee business shall be conducted in the Committee or Subcommittee. Committee taken at a meeting called with open session, except that a meeting or series F. Meeting transcript. The Committee or due notice when prior written notice of the of meetings on the same subject for a period Subcommittee shall prepare and keep a com- proposed change has been provided each of no more than 14 calendar days may be plete transcript or electronic recording ade- member of the Committee. closed to the public on a motion made and quate to fully record the proceeding of each (b) Publication: Any amendments adopted seconded to go into closed session to discuss meeting whether or not such meeting or any to the Rules of this Committee shall be pub- only whether the matters enumerated in part thereof is closed to the public, unless a lished in the Congressional Record in accord- clauses (1) through (6) below would require majority of the Committee or Subcommittee ance with Rule XXVI(2) of the Standing the meeting to be closed, followed imme- members vote to forgo such a record. (Rule Rules of the Senate. diately by a record vote in open session by a XXVI, Sec. 5(e), Standing Rules of the Sen- f majority of the Committee or Subcommittee ate.) members when it is determined that the RULE 2. QUORUMS RULES OF PROCEDURE—COM- matters to be discussed or the testimony to A. Reporting measures and matters. A ma- MITTEE ON HOMELAND SECU- be taken at such meeting or meetings— jority of the members of the Committee RITY AND GOVERNMENTAL AF- (1) will disclose matters necessary to be shall constitute a quorum for reporting to FAIRS kept secret in the interests of national de- the Senate any measures, matters or rec- fense or the confidential conduct of foreign Ms. COLLINS. Mr. President, pursu- ommendations. (Rule XXVI, Sec. 7(a)(1), relations of the United States; Standing Rules of the Senate.) ant to the requirements of rule XXVI, (2) will relate solely to matters of Com- B. Transaction of routine business. One- section 2, of the Standing Rules of the mittee or Subcommittee staff personnel or third of the membership of the Committee Senate, I ask unanimous consent to internal staff management or procedure; shall constitute a quorum for the trans- have printed in the RECORD the rules of (3) will tend to charge an individual with action of routine business, provided that one the Committee on Homeland Security crime or misconduct, to disgrace or injure member of the minority is present. For the and Governmental Affairs for the 109th the professional standing of an individual, or purpose of this paragraph, the term ‘‘routine Congress adopted by the committee on otherwise expose an individual to public con- business’’ includes the convening of a meet- tempt or obloquy or will represent a clearly ing and the consideration of any business of February 10, 2005. unwarranted invasion of the privacy of an in- the Committee other than reporting to the There being no objection, the mate- dividual; Senate any measures, matters or rec- rial was ordered to be printed in the (4) will disclose the identity of an informer ommendations. (Rule XXVI, Sec. 7(a)(1), RECORD, as follows: or law enforcement agent or will disclose Standing Rules of the Senate.)

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1408 CONGRESSIONAL RECORD — SENATE February 15, 2005 C. Taking testimony. One member of the Subcommittee matters including the Com- any information relating to the investiga- Committee shall constitute a quorum for mittee’s or Subcommittee’s staff, records tion or prosecution of a criminal offense that taking sworn or unsworn testimony. (Rule and budget; (b) steps in an investigation, in- is required to be kept secret in the interests XXVI, Sec. 7(a)(2) and 7(c)(2), Standing Rules cluding issuance of subpoenas, applications of effective law enforcement; of the Senate.) for immunity orders, and requests for docu- (5) will disclose information relating to the D. Subcommittee quorums. Subject to the ments from agencies; and (c) other Com- trade secrets of financial or commercial in- provisions of sections 7(a) (1) and (2) of Rule mittee or Subcommittee business other than formation pertaining specifically to a given XXVI of the Standing Rules of the Senate, a vote on reporting to the Senate any meas- person if— the Subcommittees of this Committee are ures, matters or recommendations or a vote (A) an Act of Congress requires the infor- authorized to establish their own quorums on closing a meeting or hearing to the pub- mation to be kept confidential by Govern- for the transaction of business and the tak- lic. ment officers and employees; or (B) the information has been obtained by ing of sworn testimony. (2) Only the chairman, or a Committee the Government on a confidential basis, E. Proxies prohibited in establishment of member or staff officer designated by him/ other than through an application by such quorum. Proxies shall not be considered for her, may undertake any poll of the members person for a specific Government financial or the establishment of a quorum. of the Committee. If any member requests, any matter to be polled shall be held for other benefit, and is required to be kept se- RULE 3. VOTING meeting rather than being polled. The chief cret in order to prevent undue injury to the A. Quorum required. Subject to the provi- clerk of the Committee shall keep a record competitive position of such person; or sions of subsection (E), no vote may be taken of polls; if a majority of the members of the (6) may divulge matters required to be by the Committee, or any Subcommittee Committee determine that the polled matter kept confidential under other provisions of thereof, on any measure or matter unless a is in one of the areas enumerated in sub- law or Government regulations. (Rule XXVI, quorum, as prescribed in the preceding sec- section (D) of Rule 1, the record of the poll Sec. 5(b), Standing Rules of the Senate.) Not- tion, is actually present. shall be confidential. Any Committee mem- withstanding the foregoing, whenever dis- B. Reporting measures and matters. No ber may move at the Committee meeting fol- order arises during a Committee or Sub- measure, matter or recommendation shall be lowing the poll for a vote on the polled deci- committee meeting that is open to the pub- reported from the Committee unless a ma- sion, such motion and vote to be subject to lic, or any demonstration of approval or dis- jority of the Committee members are actu- the provisions of subsection (D) of Rule 1, approval is indulged in by any person in at- ally present, and the vote of the Committee where applicable. tendance at any such meeting, it shall be the to report a measure or matter shall require duty of the chairman to enforce order on his/ RULE 4. CHAIRMANSHIP OF MEETINGS AND the concurrence of a majority of those mem- her own initiative and without any point of HEARINGS bers who are actually present at the time the order being made by a member of the Com- The chairman shall preside at all Com- vote is taken. (Rule XXVI, Sec. 7(a)(1) and mittee or Subcommittee; provided, further, mittee meetings and hearings except that he/ (3), Standing Rules of the Senate.) that when the chairman finds it necessary to she shall designate a temporary chairman to C. Proxy voting. Proxy voting shall be al- maintain order, he/she shall have the power act in his/her place if he/she is unable to be lowed on all measures and matters before the to clear the room, and the Committee or present at a scheduled meeting or hearing. If Committee, or any Subcommittee thereof, Subcommittee may act in closed session for the chairman (or his/her designee) is absent except that, when the Committee, or any so long as there is doubt of the assurance of 10 minutes after the scheduled time set for a Subcommittee thereof, is voting to report a order. (Rule XXVI, Sec. 5(d), Standing rules meeting or hearing, the ranking majority measure or matter, proxy votes shall be al- of the Senate.) member present shall preside until the chair- lowed solely for the purposes of recording a C. Full Committee subpoenas. The chair- man’s arrival. If there is no member of the member’s position on the pending question. man, with the approval of the ranking mi- majority present, the ranking minority nority member of the Committee, is author- Proxy voting shall be allowed only if the ab- member present, with the prior approval of sent Committee or Subcommittee member ized to subpoena the attendance of witnesses the chairman, may open and conduct the or the production of memoranda, documents, has been informed of the matter on which he/ meeting or hearing until such time as a records, or any other materials at a hearing she is being recorded and has affirmatively member of the majority arrives. or deposition, provided that the chairman requested that he or she be so recorded. All RULE 5. HEARINGS AND HEARINGS PROCEDURES may subpoena attendance or production proxies shall be filed with the chief clerk of without the approval of the ranking minor- the Committee or Subcommittee thereof, as A. Announcement of hearings. The Com- ity member where the chairman or staff offi- the case may be. All proxies shall be in writ- mittee, or any Subcommittee thereof, shall cer designated by him/her has not received ing and shall contain sufficient reference to make public announcement of the date, notification from the ranking minority the pending matter as is necessary to iden- time, and subject matter of any hearing to member or a staff officer designated by him/ tify it and to inform the Committee or Sub- be conducted on any measure or matter at her of disapproval of the subpoena within 72 committee as to how the member establishes least 1 week in advance of such hearing, un- less the Committee, or Subcommittee, deter- hours, excluding Saturdays and Sundays, of his or her vote to be recorded thereon. (Rule being notified of the subpoena. If a subpoena XXVI, Sec. 7(a)(3) and 7(c)(1), Standing Rules mines that there is good cause to begin such hearing at an earlier date. (Rule XXVI, Sec. is disapproved by the ranking minority of the Senate.) member as provided in this subsection, the D. Announcement of vote. 4(a), Standing rules of the Senate.) B. Open hearings. Each hearing conducted subpoena may be authorized by vote of the (1) Whenever the Committee by roll call by the Committee, or any Subcommittee members of the Committee. When the Com- vote reports any measure or matter, the re- thereof, shall be open to the public, except mittee or chairman authorizes subpoenas, port of the Committee upon such a measure that a hearing or series of hearings on the subpoenas may be issued upon the signature or matter shall include a tabulation of the same subject for a period of no more than 14 of the chairman or any other member of the votes cast in favor of and the votes cast in calendar days may be closed to the public on Committee designated by the chairman. opposition to such measure or matter by a motion made and seconded to go into D. Witness counsel. Counsel retained by each member of the Committee. (Rule XXVI, closed session to discuss only whether the any witness and accompanying such witness Sec. 7(c), Standing Rules of the Senate.) matters enumerated in clauses (1) through shall be permitted to be present during the (2) Whenever the Committee by roll call (6) below would require the hearing to be testimony of such witness at any public or vote acts upon any measure or amendment closed, followed immediately by a record executive hearing or deposition to advise thereto, other than reporting a measure or vote in open session by a majority of the such witness while he or she is testifying, of matter, the results thereof shall be an- Committee or Subcommittee members when his or her legal rights, provided, however, nounced in the Committee report on that it is determined that the matters to be dis- that in the case of any witness who is an offi- measure unless previously announced by the cussed or the testimony to be taken at such cer or employee of the government, or of a Committee, and such announcement shall in- hearing or hearings— corporation or association, the Committee clude a tabulation of the votes cast in favor (1) will disclose matters necessary to be chairman may rule that representation by of and the votes cast in opposition to each kept secret in the interests of national de- counsel from the government, corporation, such measure and amendment thereto by fense or the confidential conduct of foreign or association or by counsel representing, each member of the Committee who was relations of the United States; other witnesses, creates a conflict of inter- present at the meeting. (Rule XXVI, Sec. (2) will relate solely to matters of Com- est, and that the witness may only be rep- 7(b), Standing Rules of the Senate.) mittee or Subcommittee staff personnel or resented during interrogation by staff or (3) In any case in which a roll call vote is internal staff management or procedure; during testimony before the Committee by announced, the tabulation of votes shall (3) will tend to charge an individual with personal counsel not from the government, state separately the proxy vote recorded in crime or misconduct, to disgrace or injure corporation, or association or by personal favor of and in opposition to that measure, the professional standing of an individual, or counsel not representing other witnesses. amendment thereto, or matter. (Rule XXVI, otherwise expose an individual to public con- This subsection shall not be construed to ex- Sec. 7(b) and (c), Standing Rules of the Sen- tempt or obloquy or will represent a clearly cuse a witness from testifying in the event ate.) unwarranted invasion of the privacy of an in- his or her counsel is ejected for conducting E. Polling. dividual; himself or herself in such manner so as to (1) The Committee, or any Subcommittee (4) will disclose the identity of an informer prevent, impede, disrupt, obstruct or inter- thereof, may poll (a) internal Committee or or law enforcement agent or will disclose fere with the orderly administration of the

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2005 CONGRESSIONAL RECORD — SENATE S1409 hearings; nor shall this subsection be con- ity member where the chairman or a staff of- ure has been ordered reported by such Sub- strued as authorizing counsel to coach the ficer designated by him/her has not received committee and is ready for consideration by witness or answer for the witness. The fail- notification from the ranking minority the full Committee. ure of any witness to secure counsel shall member or a staff officer designated by him/ D. Draft reports of Subcommittees. All not excuse such witness from complying her of disapproval of the deposition within 72 draft reports prepared by Subcommittees of with a subpoena or deposition notice. hours, excluding Saturdays and Sundays, of this Committee on any measure or matter E. Witness transcripts. An accurate elec- being notified of the deposition notice. If a referred to it by the chairman, shall be in tronic or stenographic record shall be kept of deposition notice is disapproved by the rank- the form, style, and arrangement required to the testimony of all witnesses in executive ing minority members as provided in this conform to the applicable provisions of the and public hearings. The record of his or her subsection, the deposition notice may be au- Standing Rules of the Senate, and shall be in testimony whether in public or executive thorized by a vote of the members of the accordance with the established practices session shall be made available for inspec- Committee. Committee deposition notices followed by the Committee. Upon completion tion by the witness or his or her counsel shall specify a time and place for examina- of such draft reports, copies thereof shall be under Committee supervision; a copy of any tion, and the name of the Committee mem- filed with the chief clerk of the Committee testimony given in public session or that ber or members or staff officer or officers at the earliest practicable time. part of the testimony given by the witness in who will take the deposition. Unless other- E. Impact statements in reports. All Com- executive session and subsequently quoted or wise specified, the deposition shall be in pri- mittee reports, accompanying a bill or joint made part of the record in a public session vate. The Committee shall not initiate pro- resolution of a public character reported by shall be provided to any witness at his or her cedures leading to criminal or civil enforce- the Committee, shall contain (1) an esti- expense if he or she so requests. Upon in- ment proceedings for a witness’ failure to ap- mate, made by the Committee, of the costs specting his or her transcript, within a time pear or produce unless the deposition notice which would be incurred in carrying out the limit set by the chief clerk of the Com- was accompanied by a Committee subpoena. legislation for the then current fiscal year mittee, a witness may request changes in the (2) Witnesses may be accompanied at a and for each of the next 5 years thereafter transcript to correct errors of transcription deposition by counsel to advise them of their (or for the authorized duration of the pro- and grammatical errors; the chairman or a legal rights, subject to the provisions of Rule posed legislation, if less than 5 years); and (2) staff officer designated by him/her shall rule 5D. a comparison of such cost estimates with on such requests. (3) Oaths at depositions may be adminis- any made by a Federal agency; or (3) in lieu F. Impugned persons. Any person whose tered by an individual authorized by local of such estimate or comparison, or both, a name is mentioned or is specifically identi- law to administer oaths. Questions shall be statement of the reasons for failure by the fied, and who believes that evidence pre- propounded orally by Committee member or Committee to comply with these require- sented, or comment made by a member of members or staff. If a witness objects to a ments as impracticable, in the event of in- the Committee or staff officer, at a public question and refuses to testify, the objection ability to comply therewith. (Rule XXVI, hearing or at a closed hearing concerning shall be noted for the record and the Com- Sec. 11(a), Standing Rules of the Senate.) which there have been public reports, tends mittee member or members or staff may pro- Each such report shall also contain an to impugn his or her character or adversely ceed with the remainder of the deposition. evaluation, made by the Committee, of the affect his or her reputation may: (4) The Committee shall see that the testi- regulatory impact which would be incurred (a) File a sworn statement of facts relevant mony is transcribed or electronically re- in carrying out the bill or joint resolution. to the evidence or comment, which state- corded (which may include audio or audio/ The evaluation shall include (a) an estimate ment shall be considered for placement in video recordings). If it is transcribed, the of the numbers of individuals and businesses the hearing record by the Committee; transcript shall be made available for inspec- who would be regulated and a determination (b) Request the opportunity to appear per- tion by the witness or his or her counsel of the groups and classes of such individuals sonally before the Committee to testify in under Committee supervision. The witness and businesses, (b) a determination of the his or her own behalf, which request shall be shall sign a copy of the transcript and may economic impact of such regulation on the considered by the Committee; and request changes to it, which shall be handled individuals, consumers, and businesses af- (c) Submit questions in writing which he in accordance with the procedure set forth in fected, (c) a determination of the impact on or she requests be used for the cross-exam- subsection (E). If the witness fails to sign a the personal privacy of the individuals af- ination of other witnesses called by the Com- copy, the staff shall note that fact on the fected, and (d) a determination of the mittee, which questions shall be considered transcript. The individual administering the amount of paperwork that will result from for use by the Committee. oath shall certify on the transcript that the the regulations to be promulgated pursuant G. Radio, television, and photography. The witness was duly sworn in his presence, the to the bill or joint resolution, which deter- Committee, or any Subcommittee thereof, transcriber shall certify that the transcript mination may include, but need not be lim- may permit the proceedings of hearings is a true record of the testimony, and the ited to, estimates of the amount of time and which are open to the public to be photo- transcript shall then be filed with the chief financial costs required of affected parties, graphed and broadcast by radio, television or clerk of the Committee. The chairman or a showing whether the effects of the bill or both, subject to such conditions as the Com- staff officer designated by him may stipulate joint resolution could be substantial, as well mittee, or Subcommittee, may impose. (Rule with the witness to changes in the proce- as reasonable estimates of the record keep- XXVI, Sec. 5(c), Standing Rules of the Sen- dure, deviations from this procedure which ing requirements that may be associated ate.) do not substantially impair the reliability of with the bill or joint resolution. Or, in lieu H. Advance statements of witnesses. A wit- the record shall not relieve the witness from of the forgoing evaluation, the report shall ness appearing before the Committee, or any his or her obligation to testify truthfully. include a statement of the reasons for failure Subcommittee thereof, shall provide 100 cop- by the Committee to comply with these re- ies of a written statement and an executive RULE 6. COMMITTEE REPORTING PROCEDURES quirements as impracticable, in the event of summary or synopsis of his proposed testi- A. Timely filing. When the Committee has inability to comply therewith. (Rule XXVI, mony at least 48 hours prior to his appear- ordered a measure or matter reported fol- Sec. 11(b), Standing Rules of the Senate.) ance. This requirement may be waived by lowing final action the report thereon shall the chairman and the ranking minority be filed in the Senate at the earliest prac- RULE 7. SUBCOMMITTEES AND SUBCOMMITTEE member following their determination that ticable time. (Rule XXVI Sec. 20(b), Standing PROCEDURES there is good cause for failure of compliance. Rules of the Senate.) A. Regularly established Subcommittees. (Rule XXVI, Sec. 4(b), Standing Rules of the B. Supplemental, minority, and additional The Committee shall have three regularly Senate.) views. A member of the Committee who established Subcommittees. The Subcommit- I. Minority witnesses. In any hearings con- gives notice of his or her intention to file tees are as follows: ducted by the Committee, or any Sub- supplemental minority or additional views Permanent Subcommittee on Investiga- committee thereof, the minority members of at the time of final Committee approval of a tions the Committee or Subcommittee shall be en- measure or matter, shall be entitled to not Oversight of Government Management, the titled, upon request to the chairman by a less than 3 calendar days in which to file Federal Workforce, and the District of Co- majority of the minority members, to call such views, in writing, with the chief clerk lumbia witnesses of their selection during at least 1 of the Committee. Such views shall then be Federal Financial Management, Govern- day of such hearings. (Rule XXVI, Sec. 4(d), included in the Committee report and print- ment Information, and International Secu- Standing Rules of the Senate.) ed in the same volume, as a part thereof, and rity J. Full Committee depositions. Depositions their inclusion shall be noted on the cover of B. Ad hoc Subcommittees. Following con- may be taken prior to or after a hearing as the report. In the absence of timely notice, sultation with the ranking minority mem- provided in this subsection. the Committee report may be filed and ber, the chairman shall, from time to time, (1) Notices for the taking of depositions printed immediately without such views, establish such ad hoc Subcommittees as he/ shall be authorized and issued by the chair- (Rule XXVI, Sec. 10(c), Standing Rules of the she deems necessary to expedite Committee man, with the approval of the ranking mi- Senate.) business. nority member of the Committee, provided C. Notice by Subcommittee chairmen. The C. Subcommittee membership. Following that the chairman may initiate depositions chairman of each Subcommittee shall notify consultation with the majority members, without the approval of the ranking minor- the chairman in writing whenever any meas- and the ranking minority member of the

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1410 CONGRESSIONAL RECORD — SENATE February 15, 2005 Committee, the chairman shall announce se- (2) Financial information, in such speci- mittee; and, if applicable, the report de- lections for membership on the Subcommit- ficity as the Committee deems necessary, in- scribed in subsection (D) has been made to tees referred to in paragraphs A and B, cluding a list of assets and liabilities of the the chairman and ranking minority member, above. nominee and tax returns for the 3 years pre- and is available to other members of the D. Subcommittee meetings and hearings. ceding the time of his or her nomination, Committee, upon request. Each Subcommittee of this Committee is au- and copies of other relevant documents re- F. Action on confirmation. A mark-up on a thorized to establish meeting dates and quested by the Committee, such as a pro- nomination shall not occur on the same day adopt rules not inconsistent with the rules of posed blind trust agreement, necessary for that the hearing on the nominee is held. In the Committee except as provided in Rules the Committee’s consideration; and, order to assist the Committee in reaching a 2(D) and 7(E). (3) Copies of other relevant documents the recommendation on confirmation, the staff E. Subcommittee subpoenas. Each Sub- Committee may request, such as responses may make an oral presentation to the Com- committee is authorized to adopt rules con- to questions concerning the policies and pro- mittee at the mark-up, factually summa- cerning subpoenas which need not be con- grams the nominee intends to pursue upon rizing the nominee’s background and the sistent with the rules of the Committee; pro- taking office. At the request of the chairman steps taken during the pre-hearing inquiry. vided, however, that in the event the Sub- or the ranking minority member, a nominee G. Application. The procedures contained committee authorizes the issuance of a sub- shall be required to submit a certified finan- in subsections (C), (D), (E), and (F) of this poena pursuant to its own rules, a written cial statement compiled by an independent rule shall apply to persons nominated by the notice of intent to issue the subpoena shall auditor. Information received pursuant to President to positions requiring their full- be provided to the chairman and ranking mi- this subsection shall be made available for time service. At the discretion of the chair- nority member of the Committee, or staff of- public inspection; provided, however, that ficers designated by them, by the Sub- man and ranking minority member, those tax returns shall, after review by persons committee chairman or a staff officer des- procedures may apply to persons nominated designated in subsection (C) of this rule, be ignated by him/her immediately upon such by the President to serve on a part-time placed under seal to ensure confidentiality. authorization, and no subpoena shall be basis. C. Procedures for Committee inquiry. The issued for at least 48 hours, excluding Satur- RULE 9. PERSONNEL ACTIONS AFFECTING Committee shall conduct an inquiry into the days and Sundays, from delivery to the ap- COMMITTEE STAFF experience, qualifications, suitability, and propriate offices, unless the chairman and integrity of nominees, and shall give par- In accordance with Rule XLII of the Stand- ranking minority member waive the 48 hour ing Rules of the Senate and the Congres- waiting period or unless the Subcommittee ticular attention to the following matters: (1) A review of the biographical informa- sional Accountability Act of 1995 (P.L. 104–1), chairman certifies in writing to the chair- tion provided by the nominee, including, but all personnel actions affecting the staff of man and ranking minority member that, in not limited to, any professional activities re- the Committee shall be made free from any his/her opinion, it is necessary to issue a sub- lated to the duties of the office to which he discrimination based on race, color, religion, poena immediately. sex, national origin, age, state of physical F. Subcommittee budgets. During the first or she is nominated; handicap, or disability. year of a new Congress, each Subcommittee (2) A review of the financial information that requires authorization for the expendi- provided by the nominee, including tax re- f turns for the 3 years preceding the time of ture of funds for the conduct of inquiries and LOCAL LAW ENFORCEMENT investigations, shall file with the chief clerk his or her nomination; of the Committee, by a date and time pre- (3) A review of any actions, taken or pro- ENHANCEMENT ACT OF 2005 scribed by the Chairman, its request for posed by the nominee, to remedy conflicts of Mr. SMITH. Mr. President, I rise funds for the two (2) 12-month periods begin- interest; and (4) A review of any personal or legal mat- today speak about the need for hate ning on March 1 and extending through and crimes legislation. Each Congress, Sen- including the last day of February of the 2 ter which may bear upon the nominee’s following years, which years comprise that qualifications for the office to which he or ator KENNEDY and I introduce hate Congress. Each such request shall be sub- she is nominated. For the purpose of assist- crimes legislation that would add new mitted on the budget form prescribed by the ing the Committee in the conduct of this in- categories to current hate crimes law, Committee on Rules and Administration, quiry, a majority investigator or investiga- sending a signal that violence of any and shall be accompanied by a written jus- tors shall be designated by the chairman and kind is unacceptable in our society. tification addressed to the chairman of the a minority investigator or investigators shall be designated by the ranking minority Likewise, each Congress I have come to Committee, which shall include (1) a state- the floor to highlight a separate hate ment of the Subcommittee’s area of activi- member. The chairman, ranking minority ties, (2) its accomplishments during the pre- member, other members of the Committee crime that has occurred in our coun- ceding Congress detailed year by year, and and designated investigators shall have ac- try. (3) a table showing a comparison between (a) cess to all investigative reports on nominees Last summer, a young man and two the funds authorized for expenditure during prepared by any Federal agency, except that of his gay friends were on their way to the preceding Congress detailed year by only the chairman, the ranking minority a bar. A 38-year-old male confronted year, (b) the funds actually expended during member, or other members of the Com- one of the gay men and began to harass mittee, upon request, shall have access to that Congress detailed year by year, (c) the him. When the victim’s friend tried to amount requested for each year of the Con- the report of the Federal Bureau of Inves- gress, and (d) the number of professional and tigation. The Committee may request the as- intervene, the assailant struck him in clerical staff members and consultants em- sistance of the General Accounting Office the head multiple times with a base- ployed by the Subcommittee during the pre- and any other such expert opinion as may be ball bat believing that he was also gay. ceding Congress detailed year by year and necessary in conducting its review of infor- He was treated for skull fractures, cra- the number of such personnel requested for mation provided by nominees. nial bleeding, and a blood clot in the each year of the Congress. The chairman D. Report on the Nominee. After a review brain. may request additional reports from the of all information pertinent to the nomina- The Government’s first duty is to de- Subcommittees regarding their activities tion, a confidential report on the nominee and budgets at any time during a Congress. shall be made in the case of judicial nomi- fend its citizens, to defend them (Rule XXVI, Sec. 9, Standing Rules of the nees and may be made in the case of non-ju- against the harms that come out of Senate.) dicial nominees by the designated investiga- hate. The Local Law Enforcement En- RULE 8. CONFIRMATION STANDARDS AND tors to the chairman and the ranking minor- hancement Act is a symbol that can PROCEDURES ity member and, upon request, to any other become substance. By passing this leg- A. Standards. In considering a nomination, member of the Committee. The report shall islation and changing current law, we the Committee shall inquire into the nomi- summarize the steps taken by the Com- can change hearts and minds as well. nee’s experience, qualifications, suitability, mittee during its investigation of the nomi- f and integrity to serve in the position to nee and the results of the Committee in- which he or she has been nominated. The quiry, including any unresolved matters that JOHN HUME—LEADER FOR PEACE Committee shall recommend confirmation, have been raised during the course of the in- IN NORTHERN IRELAND upon finding that the nominee has the nec- quiry. essary integrity and is affirmatively quali- E. Hearings. The Committee shall conduct Mr. KENNEDY. Mr. President, it is fied by reason of training, education, or ex- a public hearing during which the nominee with great honor that I submitted this perience to carry out the functions of the of- shall be called to testify under oath on all resolution, S. Res. 45, paying tribute to fice to which he or she was nominated. matters relating to his or her suitability for John Hume. Throughout the long and B. Information Concerning the Nominee. office, including the policies and programs difficult years of civil strife and tur- which he or she will pursue while in that po- Each nominee shall submit the following in- moil, John dedicated himself to achiev- formation to the Committee: sition. No hearing shall be held until at least (1) A detailed biographical resume which 72 hours after the following events have oc- ing a peaceful, just, and lasting settle- contains information relating to education, curred: The nominee has responded to pre- ment of the conflict in Northern Ire- employment and achievements; hearing questions submitted by the Com- land.

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2005 CONGRESSIONAL RECORD — SENATE S1411 I have known John for over 30 years, Martin Luther King did at a critical Dennis has always been devoted to and he has always been one of the peo- time in our own civil rights movement. improving conditions in the commu- ple I have admired most in the world. I The violence began to ebb, and more nities he served. As a result, he is a have consistently been impressed by and more citizens in Northern Ireland founding member of the Rural Electric his insights, his commitment to peace, recognized that peaceful change could Economic Development Revolving and his dedication to the people of be achieved in a way that would benefit Loan Fund, REED, and is actively in- Northern Ireland. He is truly a profile people of both communities in the volved with numerous local boards and in courage, and he won the Nobel Prize North. Others had important roles as organizations. REED, a nonprofit cor- for it in 1998. well, but at a critical time in the his- poration that provides financing for I first contacted John in 1972, shortly tory of Northern Ireland, John Hume projects in small communities and after he founded the Social Democratic stepped up and led the way toward rural areas of South Dakota, is cred- and Labour Party in Northern Ireland. peace, and history will honor him for- ited with creating more than 3,000 jobs I was planning a trip to Western Eu- ever for all he did so well. throughout South Dakota. Addition- rope for a NATO meeting in Bonn. I The pending resolution pays tribute ally, Dennis is chairman of Avera St. was concerned about the violence to John Hume’s brilliant achievements Luke’s Board of Directors, and is a erupting in Northern Ireland, and I was in the cause of peace for all the people member of St. Luke’s Foundation told that John Hume was the best per- of Northern Ireland, and I urge my col- Board. Also, he serves on the Northern son to see in the North. So I called him leagues to support it. Electric Regional Board of the Gov- in Derry, and said: ‘‘Mr. Hume, it’s Ted f ernors Office of Economic Develop- Kennedy. I understand you’re the per- ADDITIONAL STATEMENTS ment, the Presentation College Board son to talk to about what’s going on of Trustees, and is founding and past over there.’’ He didn’t believe it. He member of South Dakota Rural Enter- HONORING THE CAREER OF said: ‘‘Pull my other leg.’’ prise. He is also a life member of Vet- DENNIS HAGNY I resisted though and told him that I erans of Foreign Wars and the Amer- would be in Bonn for the meeting of ∑ Mr. JOHNSON. Mr. President, I rise ican Legion. NATO. He graciously agreed to meet today to publicly commend Mr. Dennis It is with great honor that I share me there, and it was the beginning of Hagny, general manager and chief ex- Dennis’ accomplishments with my col- our extraordinary friendship over the ecutive officer of Northern Electric Co- leagues and publicly commend him for years. operative, for devoting more than 40 his excellent service to South Dakota. John has been an indispensable voice years of service to advancing the ambi- I wish him the very best, along with for peace and reconciliation in North- tions and objectives of the rural elec- his wife, Mary; their two children, Jen- ern Ireland. His call for respect for tric program. After four decades with nifer and Jeff; and their three grand- both the Catholic and the Protestant Northern Electric, Dennis is retiring children.∑ traditions has been eloquent and his- and looks forward to traveling with his toric for more than three decades. wife, Mary, and visiting their two chil- f In a very real sense, it was John who, dren, Jennifer and Jeff. in large part, became the glue that Over the years, Dennis guided North- SOUTH DAKOTAN STUDENTS held Northern Ireland together, halted ern Electric as it grew from a basic HONORED the descent into anarchy and civil war, electric service provider into a progres- and produced realistic hope for peace sive electric system that currently ∑ Mr. THUNE. Mr. President, I con- and further progress. serves more than 6,000 residential, farm gratulate and honor two young South In 1983, largely as a result of John’s and industrial customers. Under Den- Dakota students who have achieved na- efforts, the principal political parties nis’ leadership, Northern Electric head- tional recognition for exemplary vol- in Ireland and the SDLP in Northern ed up many projects designed to tech- unteer service in their communities. Ireland established what was called the nologically integrate South Dakota, Michelle Rydell of Vermillion and New Ireland Forum. It developed new such as the North Central Area Inter- Molly Stehly of Sioux Falls have just ideas for peace, and prepared a land- connect, which Northern Electric built been named State Honorees in the 2005 mark report that laid the groundwork and funded. North Central Area Inter- Prudential Spirit of Community for an unprecedented, new initiative on connect, created in 1993, is a fully- Awards program. They have proved the North between Britain and Ireland, interactive long distance learning sys- themselves to be a part of the extraor- culminating in 1985 with the signing of tem comprised of eight school dis- dinary youth of our country who un- the historic Anglo-Irish Agreement by tricts, spanning three separate coun- derstand the importance of civic duty Margaret Thatcher of Great Britain ties. This system provides high school and service in the community. and Garret FitzGerald of Ireland. students the opportunity to take col- Michelle is being recognized for her That in turn led to the cease-fire by lege level classes via personal com- creation of a ‘‘Dream Team’’ that col- the Irish Republican Army in 1994, the puter. Likewise, Dennis’ innovation lected essential goods for impoverished famous Good Friday Agreement in 1998, and commitment to rural communities people in Guatemala and helped raise and the further progress that has inspired the creation of Northern Rural awareness of poverty in the region. She brought both sides so close to a perma- Cable TV, the Nation’s first rural coop- gave more than goods to the people of nent peace today. erative wireless cable television sys- a foreign land, she gave them hope. John has been a familiar face to tem. many of us in the United States over Dennis has used Northern Electric to Molly is being recognized for her help the years. Perhaps his greatest connect South Dakotans not only with with her mother’s special education achievement was educating Irish Amer- each other, but with the global market, class. She offered freely of herself, at ica about the conflict and the most ef- as well. During Dennis’ tenure, North- the young age of 13, in an effort to help fective way forward. ern Electric developed WOWnet, a high the students with special needs to The civil rights movement in the speed, wireless internet service for un- move toward greater independence. United States in the 1960s planted the derserved areas. Similarly, Dennis In a State like South Dakota, selfless seed for a comparable movement by helped finance the construction of Ab- acts of goodwill toward the community the Catholic minority in Northern Ire- erdeen’s first ‘‘smart park,’’ a 150-acre are often commonplace. Michelle and land. But, as the movement gained industrial park wired for high-speed Molly stand out, however, for their strength, it encountered intense resist- telecommunications. constant contributions to others with- ance, and there was a very real feeling In addition to his tremendous con- out consideration for themselves. The that violence was the only path to a tributions to rural South Dakota, Den- Prudential Spirit of Community better future. Much of Irish America nis, a native of Gettysburg, SD, is also Awards program has considered more agreed with that view, and there was a a Vietnam veteran. Following his grad- than 20,000 young people this year and strong financial support in the United uation from Gettysburg High School in Michelle and Molly are among the States for the IRA. 1961, Dennis served in the U.S. Army handful selected for the honor. John Hume changed all that. He be- and Iowa National Guard from 1965 to I heartily applaud Michelle and came an apostle of nonviolence, just as 1969. Molly for their initiative in seeking to

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1412 CONGRESSIONAL RECORD — SENATE February 15, 2005 make others’ lives better. They have EC–731. A communication from the Pro- mitting, pursuant to law, the report of a rule demonstrated a level of commitment gram Analyst, Federal Aviation Administra- entitled ‘‘Modification of Restricted Areas and service that many adults will tion, Department of Transportation, trans- 3801A, 3801B, and 3801C, Camp Clairborne, never achieve. They are shining exam- mitting, pursuant to law, the report of a rule LA’’ (RIN2120–AA66) received on February 1, entitled ‘‘Process for Requesting Waiver of 2005; to the Committee on Commerce, ples, to young and old alike, of selfless Mandatory Separation Age for Certain Fed- Science, and Transportation. public service. I would also like to rec- eral Aviation Administration (FAA) Air EC–742. A communication from the Pro- ognize Kelly Fawcett of Miller and Traffic Control Specialists’’ (2120–AI18) re- gram Analyst, Federal Aviation Administra- Kirstin Hanson of Elk Point, who were ceived on February 1, 2005; to the Committee tion, Department of Transportation, trans- named Distinguished Finalists for their on Commerce, Science, and Transportation. mitting, pursuant to law, the report of a rule outstanding volunteer service. EC–732. A communication from the Pro- entitled ‘‘Modification of Class E Airspace; The actions of all of these young peo- gram Analyst, Federal Aviation Administra- St. Francis, KS’’ (RIN2120–AA66) received on tion, Department of Transportation, trans- February 1, 2005; to the Committee on Com- ple demonstrate that young Americans mitting, pursuant to law, the report of a rule merce, Science, and Transportation. can, and do, play important roles in entitled ‘‘DOD Commercial Air Carrier Eval- EC–743. A communication from the Direc- their communities, and that America’s uators; Request for Comments’’ (RIN2120– tor, Regulations Management, National youth continue to hold tremendous AI00) received on February 1, 2005; to the Cemetery Administration, Department of promise for the future.∑ Committee on Commerce, Science, and Veterans Affairs, transmitting, pursuant to Transportation. law, the report of a rule entitled ‘‘Relocation f EC–733. A communication from the Pro- of National Cemetery Administration Regu- MESSAGES FROM THE PRESIDENT gram Analyst, Federal Aviation Administra- lations’’ (RIN2900–AM10) received February tion, Department of Transportation, trans- 8, 2005; to the Committee on Veterans’ Af- Messages from the President of the mitting, pursuant to law, the report of a rule fairs. United States were communicated to entitled ‘‘Regulation of Fractional Aircraft EC–744. A communication from the Direc- the Senate by Ms. Evans, one of his Ownership Programs and On-Demand Oper- tor, Regulations Management, Veterans secretaries. ations; Correction’’ (RIN2120–AH06) received Health Administration, Department of Vet- on February 1, 2005; to the Committee on erans Affairs, transmitting, pursuant to law, f Commerce, Science, and Transportation. the report of a rule entitled ‘‘Payment for EXECUTIVE MESSAGES REFERRED EC–734. A communication from the Pro- Non-VA Physician and Other Health Care gram Analyst, Federal Aviation Administra- Professional Services Associated with Either As in executive session the Presiding tion, Department of Transportation, trans- Outpatient or Inpatient Care Provided at Officer laid before the Senate messages mitting, pursuant to law, the report of a rule Non-VA Facilities’’ (RIN2900–AK94) received from the President of the United entitled ‘‘Picture Identification Require- on February 8, 2005; to the Committee on States submitting sundry nominations ments; Correction’’ (RIN2120–AH76) received Veterans’ Affairs. which were referred to the appropriate on February 1, 2005; to the Committee on EC–745. A communication from the Chief, Commerce, Science, and Transportation. Regulations Management, Veterans Benefits committees. EC–735. A communication from the Pro- Administration, Department of Veterans Af- (The nominations received today are gram Analyst, Federal Aviation Administra- fairs, transmitting, pursuant to law, the re- printed at the end of the Senate pro- tion, Department of Transportation, trans- port of a rule entitled ‘‘Loan Guaranty: Im- ceedings.) mitting, pursuant to law, the report of a rule plementation of Public Law 107–103’’ f entitled ‘‘Establishment of Jet Route 187, (RIN2900–AL23) received on February 8, 2005; and Revision of Jet Routes 180 and 181; MO’’ to the Committee on Veterans’ Affairs. MEASURES PLACED ON THE (RIN2120–AA66) received on February 1, 2005; EC–746. A communication from the Assist- CALENDAR to the Committee on Commerce, Science, ant General Counsel for Regulations, Office and Transportation. of Housing, Department of Housing and The following bill was read the first EC–736. A communication from the Pro- Urban Development, transmitting, pursuant and second times by unanimous con- gram Analyst, Federal Aviation Administra- to law, the report of a rule entitled ‘‘Eligi- sent, and placed on the calendar. tion, Department of Transportation, trans- bility of Mortgages on Hawaiian Home Lands S. 384. A bill to extend the existence of the mitting, pursuant to law, the report of a rule Insured Under Section 247’’ (RIN2502–AH92) Nazi War Crimes and Japanese Imperial Gov- entitled ‘‘Establishment of Class E Airspace; received on February 8, 2005; to the Com- ernment Records Interagency Working Kotzebue, AK’’ (2120–AA66) received on Feb- mittee on Banking, Housing, and Urban Af- Group for 2 years. ruary 1, 2005; to the Committee on Com- fairs. merce, Science, and Transportation. EC–747. A communication from Assistant f EC–737. A communication from the Pro- Secretary for Housing, Federal Housing EXECUTIVE AND OTHER gram Analyst, Federal Aviation Administra- Commissioner, Department of Housing and tion, Department of Transportation, trans- Urban Development, transmitting, pursuant COMMUNICATIONS mitting, pursuant to law, the report of a rule to law, an update on the status of the report The following communications were entitled ‘‘Modification of Class E Airspace; required by the LEGACY Act of 2003, re- laid before the Senate, together with Lamar, MO’’ (RIN2120–AA66) received on ceived on February 8, 2005; to the Committee accompanying papers, reports, and doc- February 1, 2005; to the Committee on Com- on Banking, Housing, and Urban Affairs. EC–748. A communication from the Admin- uments, and were referred as indicated: merce, Science, and Transportation. EC–738. A communication from the Pro- istrator, Agricultural Marketing Service, EC–728. A communication from the Pro- gram Analyst, Federal Aviation Administra- Fruit and Vegetable Programs, Department gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- of Agriculture, transmitting, pursuant to tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule law, the report of a rule entitled ‘‘Proposed mitting, pursuant to law, the report of a rule entitled ‘‘Modification of Class E Airspace; Data Collection, Reporting, and Record- entitled ‘‘Revision of Emergency Evacuation Kennett, MO’’ (RIN2120–AA66) received on keeping Requirements Applicable to Cran- Demonstration Procedures to Improve Par- February 1, 2005; to the Committee on Com- berries Not Subject to the Cranberry Mar- ticipant Safety’’ ((RIN2120–AF21) (2005–0001)) merce, Science, and Transportation. keting Order’’ (Docket Number: FV01–926–1 received on February 1, 2005; to the Com- EC–739. A communication from the Pro- FR) received on February 7, 2005; to the Com- mittee on Commerce, Science, and Transpor- gram Analyst, Federal Aviation Administra- mittee on Agriculture, Nutrition, and For- tation. tion, Department of Transportation, trans- estry. EC–729. A communication from the Pro- mitting, pursuant to law, the report of a rule EC–749. A communication from the Con- gram Analyst, Federal Aviation Administra- entitled ‘‘Correction to Class E Airspace; Du- gressional Review Coordinator, Animal and tion, Department of Transportation, trans- rango, CO’’ (RIN2120–AA66) received on Feb- Plant Health Inspection Service, Department mitting, pursuant to law, the report of a rule ruary 1, 2005; to the Committee on Com- of Agriculture, transmitting, pursuant to entitled ‘‘Miscellaneous Cabin Safety merce, Science, and Transportation. law, the report of a rule entitled ‘‘Spring Vi- Changes’’ (2120–AF77) received on February 1, EC–740. A communication from the Pro- remia of Carp; Payment of Indemnity’’ 2005; to the Committee on Commerce, gram Analyst, Federal Aviation Administra- (Docket Number 02–091–2) received on Feb- Science, and Transportation. tion, Department of Transportation, trans- ruary 8, 2005; to the Committee on Agri- EC–730. A communication from the Pro- mitting, pursuant to law, the report of a rule culture, Nutrition, and Forestry. gram Analyst, Federal Aviation Administra- entitled ‘‘Establishment of Class E Airspace; EC–750. A communication from the Direc- tion, Department of Transportation, trans- Jonesville, VA’’ (RIN2120–AA66) received on tor, Regulatory Review Group, Department mitting, pursuant to law, the report of a rule February 1, 2005; to the Committee on Com- of Agriculture/FSA, transmitting, pursuant entitled ‘‘Airspace Designations; Incorpora- merce, Science, and Transportation. to law, the report of a rule entitled ‘‘Non- tion by Reference’’ (RIN2120–ZZ61) received EC–741. A communication from the Pro- recourse Marketing Assistance Loan and on February 1, 2005; to the Committee on gram Analyst, Federal Aviation Administra- Loan Deficiency Payment Regulations for Commerce, Science, and Transportation. tion, Department of Transportation, trans- Honey’’ (RIN0560–AH18) received on February

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2005 CONGRESSIONAL RECORD — SENATE S1413 8, 2005; to the Committee on Agriculture, Nu- Age Discrimination Act of 1975 during Fiscal S. 381. A bill to amend the Internal Rev- trition, and Forestry. Year 2003, received February 8, 2005; to the enue Code of 1986 to encourage guaranteed EC–751. A communication from the Direc- Committee on Health, Education, Labor, and lifetime income payments from annuities tor, Regulatory Review Group, Department Pensions. and similar payments of life insurance pro- of Agriculture/FSA, transmitting, pursuant EC–761. A communication from the Direc- ceeds at dates later than death by excluding to law, the report of a rule entitled ‘‘2004 tor, Regulations Policy and Management from income a portion of such payments; to Ewe Lamb Replacement and Retention Pay- Staff, Food and Drug Administration, De- the Committee on Finance. ment Program’’ (RIN0560–AH15) received on partment of Health and Human Services, By Mr. ENSIGN (for himself, Mr. SPEC- February 8, 2005; to the Committee on Agri- transmitting, pursuant to law, the report of TER, Ms. CANTWELL, Mrs. FEINSTEIN, culture, Nutrition, and Forestry. a rule entitled ‘‘Biological Products; Bac- Mr. DEWINE, Mr. KENNEDY, Mr. KYL, EC–752. A communication from the Deputy terial Vaccines and Toxoids; Implementation Mr. KOHL, Mr. LUGAR, Mr. VITTER, Associate Administrator, Office of the Ad- of Efficacy Review; Withdrawal’’ (Docket No. Mr. LEAHY, and Mr. SANTORUM): ministrator, Environmental Protection 1980N–0208) received on February 8, 2005; to S. 382. A bill to amend title 18, United Agency, transmitting, pursuant to law, the the Committee on Health, Education, Labor, States Code, to strengthen prohibitions report of a rule entitled ‘‘Bacillus pumilus and Pensions. against animal fighting, and for other pur- GB34; Exemption from the Requirement of a EC–762. A communication from the Direc- poses; to the Committee on the Judiciary. Tolerance’’ (FRL–7682–6) received on Feb- tor, National Science Foundation, transmit- By Mr. MCCAIN: S. 383. A bill to shorten the term of broad- ruary 8, 2005; to the Committee on Agri- ting, pursuant to law, the Foundation’s re- casting licenses under the Communications culture, Nutrition, and Forestry. port on its competitive sourcing efforts for Act of 1934 from 8 to 3 years, to provide bet- EC–753. A communication from the Prin- Fiscal Year 2004, received February 11, 2005; cipal Deputy Associate Administrator, Office ter public access to broadcasters’ public in- to the Committee on Health, Education, terest issues and programs lists and chil- of Policy, Economics, and Innovation, Envi- Labor, and Pensions. ronmental Protection Agency, transmitting, dren’s programming reports, and for other pursuant to law, the report of a rule entitled f purposes; to the Committee on Commerce, Science, and Transportation. ‘‘Thiamethoxam; Pesticide Tolerances for INTRODUCTION OF BILLS AND By Mr. DEWINE (for himself, Mr. COR- Emergency Exceptions’’ (FRL No. 7696–8) re- JOINT RESOLUTIONS NYN, and Mrs. FEINSTEIN): ceived on February 8, 2005; to the Committee The following bills and joint resolu- S. 384. A bill to extend the existence of the on Agriculture, Nutrition, and Forestry. Nazi War Crimes and Japanese Imperial Gov- EC–754. A communication from the Prin- tions were introduced, read the first ernment Records Interagency Working cipal Deputy Associate Administrator, Office and second times by unanimous con- Group for 2 years; placed on the calendar. of Policy, Economics, and Innovation, Envi- sent, and referred as indicated: By Mr. GRASSLEY (for himself, Mr. ronmental Protection Agency, transmitting, By Mr. BAYH (for himself, Mr. CRAIG, DORGAN, Mr. HAGEL, and Mr. JOHN- pursuant to law, the report of a rule entitled and Ms. LANDRIEU): SON): ‘‘Pesticides; Removal of Expired Time-Lim- S. 375. A bill to amend the Public Health S. 385. A bill to amend the Food Security ited Tolerances for Emergency Exemptions’’ Service Act to provide for an influenza vac- Act of 1985 to restore integrity to and (FRL No. 7690–6) received on February 8, 2005; cine awareness campaign, ensure a sufficient strengthen payment limitation rules for to the Committee on Agriculture, Nutrition, influenza vaccine supply, and prepare for an commodity payments and benefits; to the and Forestry. Committee on Agriculture, Nutrition, and EC–755. A communication from the Rules influenza pandemic or epidemic, to amend the Internal Revenue Code of 1986 to encour- Forestry. Administrator, Office of General Counsel, By Mr. HAGEL (for himself, Mr. ALEX- Federal Bureau of Prisons, Department of age vaccine production capacity, and for other purposes; to the Committee on Fi- ANDER, Mr. CRAIG, and Mrs. DOLE): Justice, transmitting, pursuant to law, the S. 386. A bill to direct the Secretary of nance. report of a rule entitled ‘‘Community Con- State to carry out activities that promote By Mrs. HUTCHISON: finement’’ ((RIN1120–AB27)(70 FR 1659)) re- the adoption of technologies that reduce S. 376. A bill to improve intermodal ship- ceived February 8, 2005; to the Committee on greenhouse gas intensity in developing coun- the Judiciary. ping container transportation security; to tries, while promoting economic develop- EC–756. A communication from the Acting the Committee on Commerce, Science, and ment, and for other purposes; to the Com- Chief, Publications and Regulations, Inter- Transportation. mittee on Foreign Relations. By Mr. LIEBERMAN: nal Revenue Service, Department of the By Mr. HAGEL (for himself, Mr. ALEX- S. 377. A bill to require negotiation and ap- Treasury, transmitting, pursuant to law, the ANDER, Mr. CRAIG, and Mrs. DOLE): report of a rule entitled ‘‘Tentative Differen- propriate action with respect to certain S. 387. A bill to amend the Internal Rev- tial Earnings Rate for 2004 Under Section 809 countries that engage in currency manipula- enue Code of 1986 to provide tax incentives (Notice 2005–18) received on February 8, 2005; tion; to the Committee on Finance. for the investment in greenhouse gas inten- to the Committee on Finance. By Mr. BIDEN (for himself, Mr. SPEC- sity reduction projects, and for other pur- EC–757. A communication from the Direc- TER, Mrs. FEINSTEIN, Mr. KYL, and poses; to the Committee on Finance. tor, Regulations Policy and Management Mr. ALLEN): By Mr. HAGEL (for himself, Mr. ALEX- Staff, Food and Drug Administration, De- S. 378. A bill to make it a criminal act to ANDER, Mr. CRAIG, and Mrs. DOLE): partment of Health and Human Services, willfully use a weapon with the intent to S. 388. A bill to amend the Energy Policy transmitting, pursuant to law, the report of cause death or serious bodily injury to any Act of 1992 to direct the Secretary of Energy a rule entitled ‘‘Gastroenterology-Urology person while on board a passenger vessel, and to carry out activities that promote the Devices; Classification for External Penile for other purposes; to the Committee on the adoption of technologies that reduce green- Rigidity Devices’’ (Docket No. 1998N–1111) re- Judiciary. house gas intensity and to provide credit- ceived on February 7, 2005; to the Committee By Ms. MIKULSKI (for herself, Mr. based financial assistance and investment on Health, Education, Labor, and Pensions. SARBANES, Mr. DURBIN, and Mr. protection for projects that employ advanced EC–758. A communication from the Direc- OBAMA): climate technologies or systems, to provide tor, Regulations Policy and Management S. 379. A bill to build capacity at commu- for the establishment of a national green- Staff, Food and Drug Administration, De- nity colleges in order to meet increased de- house gas registry, and for other purposes; to partment of Health and Human Services, mand for community college education while the Committee on Energy and Natural Re- transmitting, pursuant to law, the report of maintaining the affordable tuition rates and sources. a rule entitled ‘‘Secondary Direct Food Addi- the open-door policy that are the hallmarks By Mr. DURBIN: S. 389. A bill to provide for fire safety tives Permitted in Food for Human Con- of the community college system; to the standards for cigarettes, and for other pur- sumption’’ (Docket No. 2003F–0128) received Committee on Health, Education, Labor, and poses; to the Committee on Commerce, on February 7, 2005; to the Committee on Pensions. Science, and Transportation. Health, Education, Labor, and Pensions. By Ms. COLLINS (for herself, Mr. By Mr. DODD (for himself and Mr. BUN- EC–759. A communication from the Direc- PRYOR, Mr. DEWINE, Mr. BINGAMAN, NING): tor, Regulations Policy and Management Mr. SMITH, Mr. LIEBERMAN, and Mr. S. 390. A bill to amend title XVIII of the COLEMAN): Staff, Food and Drug Administration, De- Social Security Act to provide for coverage S. 380. A bill to amend the Public Health partment of Health and Human Services, of ultrasound screening for abdominal aortic Service Act to establish a State family sup- transmitting, pursuant to law, the report of aneurysms under part B of the medicare pro- a rule entitled ‘‘Public Information Regula- port grant program to end the practice of gram; to the Committee on Finance. tions; Withdrawal’’ (Docket No. 2004N–0214) parents giving legal custody of their seri- received on February 8, 2005; to the Com- ously emotionally disturbed children to f mittee on Health, Education, Labor, and State agencies for the purpose of obtaining SUBMISSION OF CONCURRENT AND Pensions. mental health services for those children; to SENATE RESOLUTIONS EC–760. A communication from the Sec- the Committee on Health, Education, Labor, retary of Health and Human Services, trans- and Pensions. The following concurrent resolutions mitting, pursuant to law, the Department’s By Mr. SMITH (for himself, Mr. CON- and Senate resolutions were read, and Annual Report on the Implementation of the RAD, Ms. SNOWE, and Mrs. CLINTON): referred (or acted upon), as indicated:

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1414 CONGRESSIONAL RECORD — SENATE February 15, 2005 By Mr. FEINGOLD: State Criminal Alien Assistance Pro- MURRAY) were added as cosponsors of S. Con. Res. 12. A concurrent resolution gram. S. 338, a bill to provide for the estab- providing that any agreement relating to S. 282 lishment of a Bipartisan Commission trade and investment that is negotiated by on Medicaid. the executive branch with another country At the request of Mr. DODD, the must comply with certain minimum stand- names of the Senator from Maryland S. 357 ards; to the Committee on Finance. (Mr. SARBANES) and the Senator from At the request of Mr. BINGAMAN, the By Mr. SUNUNU: Hawaii (Mr . INOUYE) were added as co- names of the Senator from Texas (Mr. S. Con. Res. 13. A concurrent resolution sponsors of S. 282, a bill to amend the CORNYN), the Senator from California congratulating ASME on their 125th anniver- Family and Medical Leave Act of 1993 (Mrs. BOXER) and the Senator from Col- sary, celebrating the achievements of ASME to expand the scope of the Act, and for members, and expressing the gratitude of the orado (Mr. SALAZAR) were added as co- American people for ASME’s contributions; other purposes. sponsors of S. 357, a bill to expand and considered and agreed to. S. 285 enhance postbaccalaureate opportuni- f At the request of Mr. BOND, the name ties at Hispanic-serving institutions, of the Senator from Delaware (Mr. and for other purposes. ADDITIONAL COSPONSORS BIDEN) was added as a cosponsor of S. S. 358 S. 3 285, a bill to reauthorize the Children’s At the request of Mr. DURBIN, the At the request of Mr. GREGG, the Hospitals Graduate Medical Education name of the Senator from Ohio (Mr. name of the Senator from Louisiana Program. DEWINE) was added as a cosponsor of S. (Mr. VITTER) was added as a cosponsor S. 288 358, a bill to maintain and expand the of S. 3, a bill to strengthen and protect At the request of Mr. GREGG, the steel import licensing and monitoring America in the war on terror. name of the Senator from Maine (Ms. program. S. 50 COLLINS) was added as a cosponsor of S. S. 359 At the request of Mr. INOUYE, the 288, a bill to extend Federal funding for At the request of Mr. CRAIG, the name of the Senator from Maryland operation of State high risk health in- name of the Senator from Florida (Mr. (Mr. SARBANES) was added as a cospon- surance pools. NELSON) was added as a cosponsor of S. sor of S. 50, a bill to authorize and S. 296 359, a bill to provide for the adjustment strengthen the National Oceanic and At the request of Mr. KOHL, the of status of certain foreign agricultural Atmospheric Administration’s tsunami names of the Senator from Ohio (Mr. workers, to amend the Immigration detection, forecast, warning, and miti- DEWINE), the Senator from Rhode Is- and Nationality Act to reform the H-2A gation program, and for other pur- land (Mr. REED), the Senator from Con- worker program under that Act, to pro- poses. necticut (Mr. LIEBERMAN), the Senator vide a stable, legal agricultural work- S. 98 from New York (Mr. SCHUMER) and the force, to extend basic legal protections At the request of Mr. ALLARD, the Senator from Vermont (Mr. JEFFORDS) and better working conditions to more name of the Senator from California were added as cosponsors of S. 296, a workers, and for other purposes. (Mrs. BOXER) was added as a cosponsor bill to authorize appropriations for the S. 362 of S. 98, a bill to amend the Bank Hold- Hollings Manufacturing Extension At the request of Mr. INOUYE, the ing Company Act of 1956 and the Re- Partnership Program, and for other name of the Senator from Maryland vised Statutes of the United States to purposes. (Mr. SARBANES) was added as a cospon- prohibit financial holding companies S. 306 sor of S. 362, a bill to establish a pro- and national banks from engaging, di- At the request of Mr. HAGEL, his gram within the National Oceanic and rectly or indirectly, in real estate bro- name was added as a cosponsor of S. Atmospheric Administration and the kerage or real estate management ac- 306, a bill to prohibit discrimination on United States Coast Guard to help tivities, and for other purposes. the basis of genetic information with identify, determine sources of, assess, S. 117 respect to health insurance and em- reduce, and prevent marine debris and At the request of Mrs. FEINSTEIN, the ployment. its adverse impacts on the marine envi- names of the Senator from California At the request of Ms. SNOWE, the ronment and navigation safety, in co- (Mrs. BOXER) and the Senator from name of the Senator from New Jersey ordination with non-Federal entities, Washington (Ms. CANTWELL) were (Mr. LAUTENBERG) was added as a co- and for other purposes. added as cosponsors of S. 117, a bill to sponsor of S. 306, supra. S. 363 amend the Higher Education Act of S. 323 At the request of Mr. INOUYE, the 1965 to extend loan forgiveness for cer- At the request of Mr. TALENT, the name of the Senator from Maryland tain loans to Head Start teachers. name of the Senator from Missouri (Mr. SARBANES) was added as a cospon- S. 125 (Mr. BOND) was added as a cosponsor of sor of S. 363, a bill to amend the Non- At the request of Mrs. BOXER, the S. 323, a bill to authorize the Secretary indigenous Aquatic Nuisance Preven- name of the Senator from New York of the Interior to study the suitability tion and Control Act of 1990 to estab- (Mrs. CLINTON) was added as a cospon- and feasibility of designating the lish vessel ballast water management sor of S. 125, a bill to designate the French Colonial Heritage Area in the requirements, and for other purposes. United States courthouse located at 501 State of Missouri as a unit of the Na- S. 364 I Street in Sacramento, California, as tional Park System, and for other pur- At the request of Mr. INOUYE, the the ‘‘Robert T. Matsui United States poses. name of the Senator from Maryland Courthouse’’. S. 333 (Mr. SARBANES) was added as a cospon- S. 132 At the request of Mr. SANTORUM, the sor of S. 364, a bill to establish a pro- At the request of Mr. SMITH, the name of the Senator from Texas (Mr. gram within the National Oceanic At- name of the Senator from Indiana (Mr. CORNYN) was added as a cosponsor of S. mospheric Administration to integrate BAYH) was added as a cosponsor of S. 333, a bill to hold the current regime in Federal coastal and ocean mapping ac- 132, a bill to amend the Internal Rev- Iran accountable for its threatening be- tivities. enue Code of 1986 to allow a deduction havior and to support a transition to S. 368 for premiums on mortgage insurance. democracy in Iran. At the request of Mr. LAUTENBERG, S. 188 S. 338 the names of the Senator from Wash- At the request of Mrs. FEINSTEIN, the At the request of Mr. SMITH, the ington (Ms. CANTWELL) and the Senator name of the Senator from Pennsyl- names of the Senator from Louisiana from New Jersey (Mr. CORZINE) were vania (Mr. SPECTER) was added as a co- (Ms. LANDRIEU), the Senator from Ne- added as cosponsors of S. 368, a bill to sponsor of S. 188, a bill to amend the braska (Mr. HAGEL), the Senator from provide assistance to reduce teen preg- Immigration and Nationality Act to New Jersey (Mr. LAUTENBERG), the Sen- nancy, HIV/AIDS, and other sexually authorize appropriations for fiscal ator from Arizona (Mr. MCCAIN) and transmitted diseases and to support years 2005 through 2011 to carry out the the Senator from Washington (Mrs. healthy adolescent development.

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2005 CONGRESSIONAL RECORD — SENATE S1415 S. 370 We dodged a bullet this year because distribution model where any disrup- At the request of Mr. LOTT, the we had a relatively mild flu season. tion of the system has far reaching and names of the Senator from South Caro- Also, because the administration and immediate global impact. lina (Mr. GRAHAM), the Senator from public health officials did an excellent I am eager to prevent a similar situa- Louisiana (Mr. VITTER) and the Sen- job of immediately addressing the vac- tion from occurring, since in my home ator from Arizona (Mr. MCCAIN) were cine shortage when it was announced State the Port of Houston, a $15 billion added as cosponsors of S. 370, a bill to in October. While this season’s vaccine petrochemical complex, is the second- preserve and protect the free choice of shortage didn’t have as strong an im- largest port in the U.S. and first in individual employees to form, join, or pact as it might have, we should not go international tonnage. Texas has 13 assist labor organizations, or to refrain a day without looking for a path to- deepwater ports, many of which subse- from such activities. ward solving this problem so that we quently move freight by rail, a model S.J. RES. 4 don’t have the same issues in years to typical nationwide. At the request of Mr. CONRAD, the come. We may not always be so fortu- My bill will require the Department name of the Senator from Illinois (Mr. nate. Scientists believe that the return of Homeland Security to incorporate DURBIN) was added as a cosponsor of of an especially strong pandemic strain aviation, maritime, rail and highway S.J. Res. 4, a joint resolution providing of flu is overdue. This legislation sup- security in a single plan. We need a co- for congressional disapproval of the ports the administration’s efforts to ordinated strategy to make the most of rule submitted by the Department of take steps to prepare for the imminent federal, state, and local capabilities. Agriculture under chapter 8 of title 5, threat of avian flu. The bill requires a ‘‘smart box’’ United States Code, relating to risk The Bush administration has made standard to reduce the cost of inspect- zones for introduction of bovine progress on this issue, but Congress ing shipping containers and calls for all spongiform encephalopathy. needs to address the underlying prob- containers to meet this standard by S. CON. RES. 9 lems. The United States is disturbingly 2009. It establishes penalties for com- underprepared to deal with a massive mercial shippers, to hold them, and by At the request of Mr. ENSIGN, the names of the Senator from New Hamp- outbreak or a sudden shortage of vac- extension their clients, responsible for cine. We don’t want to get caught short properly documenting the contents of shire (Mr. GREGG), the Senator from next year. We must aggressively en- their shipments. Finally, it signifi- Virginia (Mr. WARNER) and the Senator courage vaccine companies to come cantly increases U.S. Customs’ pres- from Mississippi (Mr. COCHRAN) were added as cosponsors of S. Con. Res. 9, a into this market and pass building in- ence overseas, because identifying a concurrent resolution recognizing the centives for existing companies. dirty bomb after it is unloaded onto second century of Big Brothers Big Sis- I am encouraged that some sections U.S. soil may be too late. ters, and supporting the mission and of this legislation have been included I urge my colleagues to support this goals of that organization. in the majority’s priority legislative legislation and I ask unanimous con- package and look forward to working sent that the text of the bill be printed S. RES. 44 with other Members of Congress to en- in the RECORD. At the request of Mr. ALEXANDER, the sure that the most comprehensive There being no objection, the bill was names of the Senator from Nebraska piece of legislation possible can be ap- ordered to be printed in the RECORD, as (Mr. HAGEL), the Senator from Illinois proved. We must move quickly to pass follows: (Mr. DURBIN), the Senator from Arkan- legislation that ensures sufficient flu S. 376 sas (Mrs. LINCOLN), the Senator from vaccine supply, encourages an increase Be it enacted by the Senate and House of Rep- California (Mrs. FEINSTEIN), the Sen- in production capacity, supports a flu resentatives of the United States of America in ator from Massachusetts (Mr. KEN- vaccine awareness campaign, and pre- Congress assembled, NEDY), the Senator from South Caro- pares the United States to combat a SECTION 1. SHORT TITLE. lina (Mr. DEMINT), the Senator from pandemic or epidemic. This Act may be cited as the ‘‘Intermodal Alaska (Mr. STEVENS), the Senator Shipping Container Security Act’’. from New Jersey (Mr. LAUTENBERG) and By Mrs. HUTCHISON: SEC. 2. NATIONAL TRANSPORTATION SECURITY the Senator from North Carolina (Mrs. S. 376. A bill to improve intermodal STRATEGY. DOLE) were added as cosponsors of S. shipping container transportation se- In carrying out section 114(f) of title 49, Res. 44, a resolution celebrating Black curity; to the Committee on Com- United States Code, the Under Secretary of History Month. merce, Science, and Transportation. Homeland Security for Border and Transpor- tation Security shall take into account the S. RES. 54 Mrs. HUTCHISON. Mr. President, I National Maritime Transportation Security At the request of Mr. LAUTENBERG, rise to introduce a bill that will make Plan prepared under section 70103 of title 46, his name was added as a cosponsor of much-needed improvements to our con- United States Code, by the Secretary of the S. Res. 54, a resolution paying tribute tainer security system. The Federal department in which the Coast Guard is op- to John Hume. Government currently has no coordi- erating when the plan is prepared in order to ensure that the strategy for dealing with f nated strategy which integrates the many aspects of inter-modal container threats to transportation security developed STATEMENTS ON INTRODUCED shipping. under section 114(f)(3) of title 49, United BILLS AND JOINT RESOLUTIONS States Code, incorporates relevant aspects of We may not be able to physically the National Maritime Transportation Secu- By Mr. BAYH (for himself, Mr. screen every container on the move in rity Plan and addresses all modes of com- CRAIG, and Ms. LANDRIEU): our Nation’s vast economy, but we mercial transportation to, from, and within S. 375. A bill to amend the Public should not leave vast shipments of the United States. Health Service Act to provide for an in- cargo completely unchecked. My bill SEC. 3. COMPREHENSIVE STRATEGIC PLAN FOR fluenza vaccine awareness campaign, lays out a systematic plan to coordi- INTERMODAL SHIPPING CONTAINER ensure a sufficient influenza vaccine nate and expand existing methods of SECURITY. supply, and prepare for an influenza screening and securing materials using (a) STRATEGIC PLAN.— (1) IN GENERAL.—Within 180 days after the pandemic or epidemic, to amend the available technology. date of enactment of this Act, the Secretary Internal Revenue Code of 1986 to en- The cost to the U.S. economy of port of Homeland Security shall submit to the courage vaccine production capacity, closures on the West Coast due to a Senate Committee on Commerce, Science, and for other purposes; to the Com- labor dispute last year was approxi- and Transportation and the House of Rep- mittee on Finance. mately $1 billion per day for the first resentatives Committee on Transportation Mr. CRAIG. Mr. President, I rise five days, and rose sharply thereafter. and Infrastructure a strategic plan for inte- today to encourage increased produc- These disruptions have become so cost- grating security for all modes of transpor- tion of influenza vaccines in the United ly because the container shipping sys- tation by which intermodal shipping con- tainers arrive, depart, or move in interstate States. I am happy to honor my com- tem is designed for speed and effi- commerce in the United States that— mitment to reintroduce the Flu Pro- ciency; as a result, the U.S. and its (A) takes into account the security-related tection Act of 2005, along with Senator global trading partners have in effect authorities and missions of all Federal, BAYH. become hostages to a ‘‘just-in-time’’ State, and local law enforcement agencies

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1416 CONGRESSIONAL RECORD — SENATE February 15, 2005 that relate to the movement of intermodal not receive any compensation or other bene- and field a cargo container tracking and shipping containers via air, rail, maritime, fits from the Federal Government for serving monitoring system within the United States or highway transportation in the United on the panel or be considered a Federal em- which tracks all aviation, rail, maritime, States; and ployee as a result of such service. Panel and highway cargo containers equipped with (B) establishes as a goal the creation of a members shall be reimbursed by the Com- smart container technology. comprehensive, integrated strategy for mittees for expenses, including travel and (2) Recommendations on how the Depart- intermodal shipping container security that lodging, they incur while actively engaged in ment of Homeland Security could help sup- encompasses the authorities and missions of carrying out the functions of the panel. port the deployment of such a system. all those agencies and sets forth specific ob- (5) FUNCTION.—The panel shall review plans (3) Recommendations as to how current ef- jectives, mechanisms, and a schedule for submitted by the Secretary under subsection forts by the Department of Homeland Secu- achieving that goal. (a), evaluate the strategy set forth in the rity and other Federal agencies could be in- (2) UPDATES.—The Secretary shall revise plan, and make such recommendations to corporated into the physical screening or in- the plan from time to time the Secretary for modifying or otherwise im- spection of aviation, rail, maritime, and (c) IDENTIFICATION OF PROBLEM AREAS.—In proving the strategy as may be appropriate. highway cargo containers within the United developing the strategic plan required by States. subsection (a), the Secretary shall consult SEC. 4. SHIPPING CONTAINER INTEGRITY INITIA- (4) Recommendations about operating sys- TIVE. with all Federal, State, and local govern- tems and standards for those operating sys- (a) IN GENERAL.—Chapter 701 of title 46, ment agencies responsible for security mat- tems, to support the tracking of aviation, United States Code, is amended— ters that affect or relate to the movement of rail, maritime, and highway cargo con- (1) by redesignating section 70117 as section intermodal shipping containers via air, rail, tainers within the United States that would 70118; and maritime, or highway transportation in the include the location of regional, State, and (2) by inserting after section 70116 the fol- United States in order to— local operations centers. (1) identify changes, including legislative, lowing: (5) A description of what contingency ac- regulatory, jurisdictional, and organiza- ‘‘§ 70117. Enhanced container-related security meas- tions, measures, and mechanisms should be tional changes, necessary to improve coordi- ures. incorporated in the deployment of a nation- nation among those agencies; ‘‘(a) TRACKING INTERMODAL CONTAINER wide aviation, rail, maritime, and highway (2) reduce overlapping capabilities and re- SHIPMENTS IN THE UNITED STATES.—The Sec- cargo containers tracking and monitoring sponsibilities; and retary, in cooperation with the Under Sec- system which would allow the United States (3) streamline efforts to improve the secu- retary of Border and Transportation Secu- maximum flexibility in responding quickly rity of such intermodal shipping containers. rity, shall develop a system to increase the and appropriately to increased terrorist (d) ESTABLISHMENT OF STEERING GROUP.— number of intermodal shipping containers threat levels at the local, State, or regional The Secretary shall establish, organize, and physically inspected (including non level. provide support for an advisory committee, instrusive inspection by scanning tech- (6) A description of what contingency ac- to be known as the Senior Steering Group, of nology), monitored, and tracked within the tions, measures, and mechanisms must be in- senior representatives of the agencies de- United States. corporated in the deployment of such a sys- scribed in subsection (c). The Group shall ‘‘(b) SMART BOX TECHNOLOGY.—Under regu- tem which would allow for the quick recon- meet from time to time, at the call of the lations to be prescribed by the Secretary, be- stitution of the system in the event of a cat- Secretary or upon its own motion, for the ginning with calendar year 2007 no less than astrophic terrorist attack which affected purpose of developing solutions to jurisdic- 50 percent of all ocean-borne shipping con- part of the system. tional and other conflicts among the rep- tainers entering the United States during (7) Recommendations on how to leverage resented agencies with respect to the secu- any calendar year shall incorporate ‘Smart existing information and operating systems rity of intermodal shipping containers, im- Box’ or equivalent technology developed, ap- within State or Federal agencies to assist in proving coordination and information-shar- proved, or certified by the Under Secretary the fielding of the system. ing among the represented agencies, and ad- of Homeland Security for Border and Trans- (8) Recommendations on co-locating local, dressing such other, related matters, as the portation Security. State, and Federal agency personnel to Secretary may request. ‘‘(c) DEVELOPMENT OF INTERNATIONAL streamline personnel requirements, mini- (e) ANNUAL REPORT.—The Secretary, after STANDARD FOR SMART CONTAINERS.—The Sec- mize costs, and avoid redundancy. consulting the Senior Steering Group, shall retary shall— (9) An initial assessment of the avail- submit an annual report to the Senate Com- ‘‘(1) develop, and seek international ac- ability of private sector resources which mittee on Commerce, Science, and Transpor- ceptance of, a standard for ‘smart’ maritime could be utilized, and incentive systems de- tation and the House of Representatives shipping containers that incorporate tech- veloped, to support the fielding of the sys- Committee on Transportation and Infra- nology for tracking the location and assess- tem, and the maintenance and improvement structure describing the activities of the ing the integrity of those containers as they as technology or terrorist threat dictate. (10) Recommendations on how this system Senior Steering Group and the Secretary move through the intermodal transportation that is focused on the continental United under this section, describing the progress system; and States would be integrated into any existing made during the year toward achieving the ‘‘(2) implement an integrated tracking and or planned system, or process, which is de- objectives of the plan, and including any rec- technology system for such containers. signed to monitor the movement of cargo ommendations, including legislative rec- ‘‘(d) REPORT.—Within 1 year after the date ommendations, if appropriate for further im- of enactment of the Intermodal Shipping containers outside the continental United provements in dealing with security-issues Container Security Act, the Secretary shall States. related to intermodal shipping containers transmit to the Senate Committee on Com- SEC. 6. IMPROVEMENTS TO CONTAINER TAR- GETING SYSTEMS. and related transportation security issues. merce, Science, and Transportation and the (a) IN GENERAL.—Within 90 days after the (f) BIENNIAL EXPERT CRITIQUE.— House of Representatives Committee on date of enactment of this Act, the Secretary (1) EXPERT PANEL.—A panel of experts Transportation and Infrastructure a report of Homeland Security shall submit a report shall be convened once every 2 years by the that contains— to the Senate Committee on Commerce, Senate Committee on Commerce, Science, ‘‘(1) a cost analysis for implementing this Science, and Transportation and the House and Transportation and the House of Rep- section; and of Representatives Committee on Transpor- resentatives Committee on Transportation ‘‘(2) a strategy for implementing the sys- tation and Infrastructure that provides a and Infrastructure to review plans submitted tem described in subsection (c)(3).’’. preliminary plan for strengthening the Bu- by the Secretary under subsection (a). (b) CONFORMING AMENDMENT.—The chapter (2) Membership.—The panel shall consist analysis for chapter 701 of title 46, United reau of Customs and Border Protection’s of— States Code, is amended by striking the item container targeting system. The plan shall (A) 4 individuals selected by the chairman relating to section 70117 and inserting the identify the cost and feasibility of requiring and ranking member of the Senate Com- following: additional non-manifest documentation for mittee on Commerce, Science, and Transpor- ‘‘70117. Enhanced container-related security each container, including purchase orders, tation and by the chairman and ranking measures. shipper’s letters of instruction, commercial member of the House of Representatives invoices, letters of credit, or certificates of ‘‘70118. Civil penalties.’’. Committee on Transportation and Infra- origin. structure, respectively; and SEC. 5. ADDITIONAL RECOMMENDATIONS. (b) REDUCTION OF MANIFEST REVISION WIN- (B) 1 individual selected by the 4 individ- Within 180 days after the date of enact- DOW.—Within 60 days after the date of enact- uals selected under subparagraph (A). ment of this Act, the Secretary of Homeland ment of this Act, the Secretary of Homeland (3) QUALIFICATIONS.—Individuals selected Security shall submit to the Senate Com- Security shall issue regulations under which under paragraph (2) shall be chosen from mittee on Commerce, Science, and Transpor- the time period for revisions to a container among individuals with professional exper- tation and the House of Representatives cargo manifest submitted to the Bureau of tise and experience in security-related issues Committee on Transportation and Infra- Customs and Border Protection shall be re- involving shipping or transportation and structure a report that contains the fol- duced from 60 days to 45 days after arrival at without regard to political affiliation. lowing: a United States port. (4) COMPENSATION AND EXPENSES.—An indi- (1) Recommendations about what analysis (c) SUPPLY CHAIN INFORMATION.—Within 180 vidual serving as a member of the panel shall must be performed and the cost to develop days after the date of enactment of this Act,

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2005 CONGRESSIONAL RECORD — SENATE S1417 the Secretary of Homeland Security shall de- certain countries that engage in cur- of enactment of this Act, the President velop a system to share threat and vulner- rency manipulation; to the Committee will be required to start a 90 day period ability information with all of the industries on Finance. of negations. If these negotiations fail in the supply chain that will allow ports, Mr. LIEBERMAN. Mr. President, to bear fruit, he is required to seek re- carriers, and shippers to report on security lapses in the supply chain and have access to today, February 15, 2005, I rise to intro- dress through the various international unclassified maritime threat and security in- duce a bill, proposing we enact the Fair trade laws by instituting appropriate formation such as piracy incidents. Currency Enforcement Act of 2005. The proceedings, or report to congress in SEC. 7. INCREASE IN NUMBER OF CUSTOMS IN- present legislation addresses the prac- detail why this is not a proper course SPECTORS ASSIGNED OVERSEAS. tice of some governments to intervene of action. (a) IN GENERAL.—The Secretary of Home- aggressively in currency markets, or to I ask unanimous consent that the land Security shall substantially increase peg their currencies at a fixed—artifi- text of the Bill be printed in the the number of United States Customs Serv- cially low—exchange rate, thus sub- RECORD. ice inspectors assigned to duty outside the sidizing their export sales and raising There being no objection, the bill was United States under the Container Security ordered to be printed in the RECORD, as Initiative of the United States Customs price barriers to imports from the Service with responsibility for inspecting United States. I introduced similar leg- follows: intermodal shipping containers being islation last Congress, yet the problem S. 377 shipped to the United States. remains unsolved. Be it enacted by the Senate and House of Rep- (b) STAFFING CRITERIA.—In carrying out In recent years, particularly China resentatives of the United States of America in subsection (a) the Secretary of Homeland Se- has been pressed to float their currency Congress assembled, curity shall determine the appropriate level upward. Specifically, the Europeans, SECTION 1. SHORT TITLE. for assignment and density of customs in- the International Monetary Fund and This Act may be cited as the ‘‘Fair Cur- spectors at selected international port facili- rency Enforcement Act of 2005’’. ties by a threat, vulnerability, and risk anal- the Bank for International Settlements have put pressure on the Chinese to at SEC. 2. FINDINGS. ysis which, at a minimum, considers— Congress makes the following findings: (1) the volume of containers shipped; a minimum repeg their currency to a (1) The manufacturing sector is an impor- (2) the ability of the host government to higher dollar value. The Administra- tant driver of the United States economy, assist in both manning and providing equip- tion has talked about this idea, but has contributing almost 30 percent of our eco- ment and resources; been ineffective. As a consequence nomic growth during the 1990’s, and twice (3) terrorist intelligence known of im- there has been no movement on the the productivity growth of the service sector porter vendors, suppliers or manufacturers; part of the Chinese. during that period. and As a result of the heavy dollar buy- (2) The manufacturing sector contributes (4) other criteria as determined in consult significantly to our Nation’s development of with experts in the shipping industry, ter- ing, the Asian Central banks have al- lowed their foreign-exchange reserves new products and technologies for world rorism, and shipping container security. markets, performing almost 60 percent of all (c) MINIMUM NUMBER.—The total number of to swell from less than $800 billion at research and development in the United customs inspectors assigned to international the start of 1999 to over $1.5 trillion in States over the past two decades. port facilities shall not be less than the num- 2003. This is almost two-thirds of the (3) The manufacturing sector provides high ber determined as a result of the threat, vul- global total. quality jobs, with average weekly wages be- nerability, and risk assessment analysis The world’s seven biggest holders of tween 20 and 30 percent higher than jobs in which is validated by the Administrator of the service sector. the Transportation Security Administration foreign-exchange reserves are all in Asia. (4) The manufacturing growth creates a within 180 days after the date of enactment significant number of jobs and investments of this Act. This legislation proposes that our Administration promptly open negotia- in other sectors of the economy, and this (d) PLAN.—The Secretary shall submit a ‘‘multiplier effect’’ is reckoned by econo- plan to the Senate Committee on Commerce, tions with the four Asian countries mists to be larger (2.43 to 1) than for any Science, and Transportation and the House that exemplify this practice, with the other significant sector of the economy. of Representatives Committee on Transpor- intent to put a stop to it. These coun- (5) The ‘‘jobless recovery’’ from the recent tation and Infrastructure, with timelines, for tries are: China, Japan, South Korea, recession has witnessed the worst job slump phasing inspectors into selected port facili- and Taiwan. This practice hurts Amer- since the Great Depression and the weakest ties within 180 days after the enactment of ican manufacturers: it impedes their employment recovery on record. this Act. (6) The manufacturing sector has been hit SEC. 8. RANDOM INSPECTION OF CONTAINERS. ability to introduce new products and technologies and provide Americans the hardest by the jobless recovery. (a) IN GENERAL.—The Under Secretary of (7) A significant factor in the loss of valu- Homeland Security for Border and Transpor- with quality jobs. It has caused and able United States manufacturing jobs is the tation Security shall develop and implement continues to cause the current eco- difficulty faced by United States manufac- a plan for random inspection of shipping con- nomic recovery to be a jobless one, par- turers in competing effectively against lower tainers in addition to any targeted or ticularly in the manufacturing sector. priced foreign products. preshipment inspection of such containers Experts indicate that the United (8) A significant obstacle to United States required by law or regulation or conducted States has the right and the power to manufacturers in competing against foreign under any other program conducted by the address unfair competitive practices manufacturers is the practice of some gov- Under Secretary. under the following laws, rules and ernments of intervening aggressively in cur- (b) CIVIL PENALTY FOR ERRONEOUS MANI- rency markets, or pegging their currencies FEST.— agreements: 1. Section 3004 of the Om- at fixed rates, to maintain their own cur- (1) IN GENERAL.—Except as provided in nibus Trade and Competitiveness Act rencies at artificially low valuations, thus paragraph (2), if the Under Secretary deter- of 1988 2. Article IV of the Articles of subsidizing their export sales and raising mines on the basis of an inspection con- Agreement of the International Mone- price barriers to imports from the United ducted under subsection (a) that there is a tary Fund Article 3. XV of the Ex- States. discrepancy between the contents of a ship- change Agreements of the General (9) Certain Asian countries exemplify this ping container and the manifest for that con- Agreement on Tariffs and Trade 4. The practice. China, Japan, South Korea, and tainer, the Under Secretary may impose a Agreement on Subsidies and Counter- Taiwan together have accumulated approxi- civil penalty of not more than $1,000 for the mately 1⁄2 of the world’s total currency re- discrepancy. vailing Measures of the World Trade serves. The vast majority of these reserves, (2) MANIFEST DISCREPANCY REPORTING.—The Organization (as described in section perhaps as high as 90 percent, are in dollars. Under Secretary may not impose a civil pen- 101(d)(12)) of the Uruguay Round Agree- These same 4 countries account for 60 per- alty under paragraph (1) if a manifest dis- ments Act. 5. Article XXIII of the Gen- cent of the United States world trade deficit crepancy report is filed with respect to the eral Agreement on Tariffs and Trade. 6. in manufactured goods. These reserves are discrepancy within the time limits estab- Sections 301 and 406 of the Trade Act of symptomatic of a strategy of intervention to lished by Customs Directive No. 3240–067A (or manipulate currency values. any subsequently issued directive governing 1974. 7. The provisions of the United States-China Bilateral Agreement on (10) The People’s Republic of China is par- the matters therein) for filing a manifest ticularly aggressive in intervening to main- discrepancy report. World Trade Organization Accession. tain the value of its currency, the renminbi, These laws, rules and agreements at an artificially low rate. China maintains By Mr. LIEBERMAN: provide us with ample process to do this rate by mandating foreign exchange S. 377. A bill to require negotiation this right and it is important we act sales at its central bank at a fixed exchange and appropriate action with respect to now. Therefore, beginning on the date rate against the dollar, in effect, pegging the

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1418 CONGRESSIONAL RECORD — SENATE February 15, 2005 renminbi at this rate. This low rate rep- fits precluded under Article XXIII of the SEC. 5. INSTITUTE PROCEEDINGS REGARDING resents a significant reason why China has General Agreement on Tariffs and Trade, and CURRENCY MANIPULATION. contributed the most to our trade deficit in subject to remedy. At the end of the 90-day negotiation period manufactured goods. (20) The United States Trade Representa- provided for in section 3, if agreements are (11) Economists estimate that as a result tive also has authority to pursue remedial not reached by the President to promptly of this manipulation of the Chinese cur- actions under section 301 of the Trade Act of end currency manipulation, the President rency, the renminbi is undervalued by be- 1974. shall institute proceedings under the rel- tween 15 and 40 percent, effectively creating (21) The United States has special rights to evant provisions of international law and a 15- to 40-percent subsidy for Chinese ex- take action to redress market disruption United States trade laws including sections ports and giving Chinese manufacturers a under section 406 of the Trade Act of 1974 301 and 406 of the Trade Act of 1974 with re- significant price advantage over United adopted pursuant to the provisions of the spect to those countries that, based on the States and other competitors. United States-China Bilateral Agreement on findings of the International Trade Commis- (12) The national currency of Japan is the World Trade Organization Accession. sion under section 4, continue to engage in yen. Experts estimate that the yen is under- (22) While large-scale manipulation of cur- the most egregious currency manipulation. valued by approximately 20 percent or more, rencies by certain major trading partners to In addition to seeking a prompt end to cur- giving Japanese manufacturers a significant achieve an unfair competitive advantage is rency manipulation, the President shall seek price advantage over United States competi- one of the most pervasive barriers faces by appropriate damages and remedies for the tors. the manufacturing sector in the United Nation’s manufacturers and other affected (13) In addition to being placed at a com- States, other factors are contributing to the parties. If the President does not institute petitive disadvantage by foreign competi- decline of manufacturing and small and mid- action, the President shall, not later than tors’ exports that are unfairly subsidized by sized manufacturing firms in the United 120 days after the date of enactment of this strategically undervalued currencies, United States, including but not limited to non-tar- Act, provide to the appropriate congressional States manufacturers also may face signifi- iff trade barriers, lax enforcement of existing committees a detailed explanation and ac- cant nontariff barriers to their own exports trade agreements, and weak or under utilized counting of precisely why the President has to these same countries. For example, in the government support for trade promotion. determined not to institute action. past in China, until remediated, a complex SEC. 6. ADDITIONAL REPORTS AND REC- SEC. 3. NEGOTIATION PERIOD REGARDING CUR- OMMENDATIONS. system involving that nation’s value added RENCY NEGOTIATIONS. tax and special tax rebates ensured that (a) NATIONAL SECURITY.—Within 90 days of Beginning on the date of enactment of this semiconductor devices imported into China the date of enactment of this Act, the Sec- Act, the President shall begin bilateral and were taxed at 17 percent while domestic de- retary of Defense shall provide a detailed re- multilateral negotiations for a 90-day period vices are effectively taxed at 6 percent. port to the appropriate congressional com- with those governments of nations deter- (14) The United States has the right and mittees evaluating the effects on our na- power to redress unfair competitive prac- mined to be engaged most egregiously in cur- tional security of countries engaging in sig- tices in international trade involving cur- rency manipulation, as defined in section 7, nificant currency manipulations, and the ef- rency manipulation. to seek a prompt and orderly end to such fect of such manipulation on critical manu- (15) Under section 3004 of the Omnibus currency manipulation and to ensure that facturing sectors. Trade and Competitiveness Act of 1988, the the currencies of these countries are freely (b) OTHER UNFAIR TRADE PRACTICES.— Secretary of the Treasury is required to de- traded on international currency markets, or Within 90 days of the date of enactment of termine whether any country is manipu- are established at a level that reflects a this Act, the United States Trade Represent- lating the rate of exchange between its cur- more appropriate and accurate market ative and the International Trade Commis- rency and the dollar for the purpose of pre- value. The President shall seek support in sion shall evaluate and report in detail to venting effective balance of payments ad- this process from international agencies and the appropriate congressional committees on justments or gaining unfair advantage in other nations and regions adversely affected other trade practices and trade barriers by international trade. If such violations are by these currency practices. major East Asian trading nations potentially found, the Secretary of the Treasury is re- SEC. 4. FINDINGS OF FACT AND REPORT RE- in violation of international trade agree- quired to undertake negotiations with any GARDING CURRENCY MANIPULA- ments, including the practice of maintaining country that has a significant trade surplus. TION. a value-added or other tax regime that effec- (16) Article IV of the Articles of Agreement (a) IN GENERAL.—During the 90-day nego- tively discriminates against imports by of the International Monetary Fund pro- tiation period described in section 3, the underpricing domestically produced goods, hibits currency manipulation by a member International Trade Commission shall— or setting technology standards that effec- for the purposes of gaining an unfair com- (1) ascertain and develop the full facts and tively limit imports. petitive advantage over other members, and details concerning how countries have acted (c) TRADE ENFORCEMENT.—Within 90 days the related surveillance provision defines to manipulate their currencies to increase of the date of enactment of this Act, the ‘‘manipulation’’ to include ‘‘protracted their exports to the United States and limit United States Trade Representative and the large-scale intervention in one direction in their imports of United States products; International Trade Commission shall report the exchange market’’. (2) quantify the extent of this currency in detail to the appropriate congressional (17) Under Article XV of the Exchange manipulation; committees on steps that could be taken to Agreements of the General Agreement on (3) examine in detail how these currency significantly improve trade enforcement ef- Tariffs and Trade, all contracting parties practices have affected and will continue to forts against unfair trade practices by com- ‘‘shall not, by exchange action, frustrate the affect United States manufacturers and petitor trading nations, including making intent of the provisions of this Agreement, United States trade levels, both for imports recommendations for additional support for nor by trade action, the intent of the Arti- and exports; trade enforcement efforts. cles of Agreement of the International Mone- (4) review whether and to what extent re- (d) TRADE PROMOTION.—Within 90 days of tary Fund’’. Such actions are actionable vio- duction of currency manipulation and the the date of enactment of this Act, the Secre- lations. The intent of the General Agreement accumulation of dollar-denominated cur- taries of State and Commerce, and the on Tariffs and Trade Exchange Agreement, rency reserves and public debt instruments United States Trade Representative, shall as stated in the preamble of that Agreement, might adversely affect United States inter- prepare a detailed report with recommenda- includes the objective of ‘‘entering into re- est rates and public debt financing; tions on steps that could be undertaken to ciprocal and mutually advantageous ar- (5) make a determination of any and all significantly improve trade promotion for rangements directed to substantial reduction available mechanisms for redress under ap- United States goods and services, including of tariffs and other barriers to trade,’’ and plicable international trade treaties and recommendations on additional support to currency manipulation may constitute a agreements, including the Articles of Agree- improve trade promotion. trade barrier disruptive to reciprocal and ment of the International Monetary Fund, SEC. 7. CURRENCY MANIPULATION DEFINED. mutually advantageous trade arrangements. the General Agreement on Tariffs and Trade, In this Act, the term ‘‘currency manipula- (18) Deliberate currency manipulation by the World Trade Organization Agreements, tion’’ means— nations to significantly undervalue their and United States trade laws; and (1) large-scale manipulation of exchange currencies also may be interpreted as a vio- (6) undertake other appropriate evalua- rates by a nation in order to gain an unfair lation of the Agreement on Subsidies and tions of the issues described in paragraphs (1) competitive advantage as stated in Article Countervailing Measures of the World Trade through (5). IV of the Articles of Agreement of the Inter- Organization (as described in section (b) REPORT.—Not later than 90 days after national Monetary Fund and related surveil- 101(d)(12)) of the Uruguay Round Agreements the date of enactment of this Act, the Inter- lance provisions; Act, which could lead to action and remedy national Trade Commission shall provide a (2) sustained, large-scale currency inter- under the World Trade Organization dispute detailed report to the President, the United vention in one direction, through mandatory settlement procedures. States Trade Representative, the Secretary foreign exchange sales at a nation’s central (19) Deliberate, large-scale intervention by of the Treasury, and the appropriate con- bank at a fixed exchange rate; or governments in currency markets to signifi- gressional committees on the findings made (3) other mechanisms, used to maintain a cantly undervalue their currencies may be a as a result of the reviews undertaken under currency at a fixed exchange rate relative to nullification and impairment of trade bene- paragraphs (1) through (6) of subsection (a). another currency.

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2005 CONGRESSIONAL RECORD — SENATE S1419 By Mr. BIDEN (for himself, Mr. flow of goods through U.S. ports pro- interstate or foreign shipments from 1 SPECTER, Mrs. FEINSTEIN, Mr. vides a tempting target for terrorists year to 3 years and expand the statute KYL, and Mr. ALLEN): and others to smuggle illicit cargo into to outlaw theft of goods from trailers, S. 378. A bill to make it a criminal the country, while also making ‘‘our cargo containers, warehouses, and act to willfully use a weapon with the ports potential targets for terrorist at- similar venues. intent to cause death or serious bodily tacks.’’ In addition, the smuggling of These are improvements we should injury to any person while on board a non-dangerous, but illicit, cargo may make to our criminal code. I am under passenger vessel, and for other pur- be used to finance terrorism. Despite no illusion, however, that enactment of poses; to the Committee on the Judici- the gravity of the threat, we continue our bill will guarantee the security of ary. to operate in an environment in which our seaports. We need to dramatically Mr. BIDEN. Mr. President, I rise terrorists and criminals can evade de- increase the financial assistance we are today to introduce the Reducing Crime tection by underreporting and giving our ports so that they can and Terrorism at America’s Seaports misreporting the content of cargo. In- harden their own facilities against po- Act, along with the Chairman of the creased penalties can help here. tential attackers. I was disappointed to Judiciary Committee Senator SPECTER, The legislation we introduce today read in the Administration’s budget and the Chairman and Ranking Mem- would also make it a crime for a vessel that the President wants to eliminate ber of the Terrorism Subcommittee, operator to fail to slow or stop a ship the Department of Homeland Secu- Senators KYL and FEINSTEIN. My col- once ordered to do so by a Federal law rity’s dedicated port security grant leagues and I have worked on this leg- enforcement officer, for any person on program. His budget instead will force islation for the past four years and I board a vessel to impede boarding or our ports to compete against all other am hopeful this package of common- other law enforcement action author- transit systems for scarce federal sense criminal law improvements will ized by Federal law, or for any person funds. We’ve spent only about $750 mil- be approved by the Senate early this on board a vessel to provide false infor- lion to secure seaports since September Session. mation to a Federal law enforcement 11th—the Coast Guard reports that is The bipartisan legislation we intro- officer. The Coast Guard is the main not nearly enough to meet the require- duce today should be familiar to my Federal agency responsible for law en- ments of the Maritime Transportation colleagues. It was introduced as S. 2653 forcement at sea. Yet, its ability to Security Act. We also need to increase in the 108th Congress, where I worked force a vessel to stop or be boarded is the number of inspections of ships and closely with the then-Chairman of the limited. While the Coast Guard has the shipping containers that are coming Committee Senator HATCH and Senator authority to use whatever force is rea- into our ports. But the amendments to LEAHY to ensure they were comfortable sonably necessary, a vessel operator’s Federal criminal law that we propose with the bill’s provisions. The language refusal to stop is not currently a crime. here will provide an important deter- has been reviewed by the United States This bill would create that offense. rent effect and they will give Federal Coast Guard, the American Association In addition, the Coast Guard main- prosecutors new tools to go after ter- of Port Authorities, the American In- tains over 50,000 navigational aids on rorists who would target our seaports. stitute of Marine Underwriters, the In- more than 25,000 miles of waterways. I urge my colleagues to support our land Marine Underwriters Association, These aids, which are relied upon by all bill, and I look forward to its prompt the Maritime Exchange for the Dela- commercial, military and recreational consideration. ware River and Bay, the Transpor- mariners, are critical for safe naviga- tation Security Administration, and tion by commercial and military ves- By Ms. MIKULSKI (for herself, the AFL–CIO. Senator KYL included sels. They could be inviting targets for Mr. SARBANES, Mr. DURBIN, and this language in his Tools to Fight Ter- terrorists. Our legislation would make Mr. OBAMA). rorism Act of 2004 and it was the sub- it a crime to endanger the safe naviga- S. 379. A bill to build capacity at ject of a hearing in the Judiciary Sub- tion of a ship by damaging any mari- community colleges in order to meet committee on Terrorism on September time navigational aid maintained by increased demand for community col- 13, 2004. This Congress, identical lan- the Coast Guard, place in the waters lege education while maintaining the guage was introduced by Senator anything which is likely to damage a affordable tuition rates and the open- GREGG at Title IV of S. 3, the major- vessel or its cargo, interfere with a ves- door policy that are the hallmarks on ity’s Protecting America in the War on sel’s safe navigation, or interfere with the community college system; to the Terror Act of 2005. maritime commerce, or dump a haz- Committee on Health, Education, Our bill will double the maximum ardous substance into U.S. waters with Labor, and Pensions. term of imprisonment for anyone who the intent to endanger human life or Ms. MIKULSKI. Mr. President, I rise fraudulently gains access to a seaport welfare. to introduce the ‘‘Community College or waterfront. The Interagency Com- Each year, thousands of ships enter Opportunity Act.’’ Community colleges mission on Crime and Security at U.S. and leave the U.S. through seaports, are the gateway to the future—for first Seaports concluded that ‘‘control of ac- smugglers and terrorists exploit this time students looking for an affordable cess to the seaport or sensitive areas massive flow of maritime traffic to college education, and for mid-career within the seaports’’ poses one of the transport dangerous materials and dan- students looking to get ahead in the greatest potential threats to port secu- gerous people into this country. This workplace. As college tuition at four- rity. Such unauthorized access con- legislation would make it a crime to year colleges continues to rise, more tinues and exposes the nation’s sea- use a vessel to smuggle into the United and more students are turning to com- ports, and the communities that sur- States either a terrorist or any explo- munity colleges for the education they round them, to acts of terrorism, sabo- sive or other dangerous material for need to prepare for 21st century jobs. tage or theft. Our bill will help deter use in committing a terrorist act. The Yet soon we may not be able to count those who seek unauthorized access to bill would also make it a crime to dam- on our community colleges being avail- our ports by imposing stiffer penalties. age or destroy any part of a ship, a able to everyone. The combination of Our bill would also increase penalties maritime facility, or anything used to budget cuts and increased enrollments for noncompliance with certain mani- load or unload cargo and passengers, is forcing community colleges to make fest reporting and record-keeping re- commit a violent assault on anyone at tough choices—between raising tuition quirements, including information re- a maritime facility, or knowingly com- and turning students away. This im- garding the content of cargo containers municate a hoax in a way which endan- portant legislation will help keep the and the country from which the ship- gers the safety of a vessel. In addition, doors of our community colleges open ments originated. An estimated 95 per- the Interagency Commission concluded to increasing numbers of students cent of the cargo shipped to the U.S. that existing laws are not stiff enough without sending tuition through the from foreign countries, other than Can- to stop certain crimes, including cargo roof. My bill authorizes $500 million for ada and Mexico, arrives through our theft, at seaports. Our legislation a competitive grant program to help seaports. Accordingly, the Interagency would increase the maximum term of community colleges serve more stu- Commission found that this enormous imprisonment for low-level thefts of dents. Community colleges could apply

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1420 CONGRESSIONAL RECORD — SENATE February 15, 2005 for a grant to help with the cost of con- eration of nurses, teachers, and urban, suburban, and rural areas of the structing or renovating facilities, hir- techies. United States; and ing faculty, purchasing new computers I ask unanimous consent that the ‘‘(4) providing an equitable distribution and scientific equipment, and investing text of the bill be printed in the among small, medium, and large community colleges. ECORD in creative ways of addressing over- R . ‘‘(e) USE OF FUNDS.—Grant funds provided crowding—like distance learning. There being no objection, the text of under subsection (a) may be used for activi- Why is this important? Community the bill was ordered to be printed in ties that expand community college capac- colleges are one of the great American the RECORD, as follows: ity, including— social inventions. I used to teach night S. 379 ‘‘(1) the construction, maintenance, ren- school at Baltimore City Community Be it enacted by the Senate and House of Rep- ovation, and improvement of classroom, li- College. I know firsthand the vital role resentatives of the United States of America in brary, laboratory, and other instructional fa- they play in our communities. Their Congress assembled, cilities; ‘‘(2) the purchase, rental, or lease of sci- low cost, convenient location, and open SECTION 1. COMMUNITY COLLEGE CAPACITY- BUILDING GRANT PROGRAM. entific or laboratory equipment for edu- door admissions policy have made cational purposes, including instructional them the key to the American dream Title III of the Higher Education Act of 1965 (20 U.S.C. 1051 et seq.) is amended— research purposes; for so many. Many generations of im- (1) by redesignating part F as part G; and ‘‘(3) the development, improvement, or ex- migrants pursued the American dream (2) by inserting after part E the following: pansion of technology; ‘‘(4) preparation and professional develop- by working all day and going to night ‘‘PART F—COMMUNITY COLLEGES school at night. After World War II, the ment of faculty; ‘‘SEC. 371. COMMUNITY COLLEGE CAPACITY- ‘‘(5) recruitment, hiring, and retention of GI bill gave returning veterans a BUILDING GRANT PROGRAM. faculty; chance to get ahead by going to local ‘‘(a) PROGRAM AUTHORIZED.— ‘‘(6) curriculum development and academic ‘‘(1) IN GENERAL.—From amounts appro- junior colleges. instruction; priated under section 399(a)(6) for a fiscal Now, more than ever, it’s important ‘‘(7) the purchase of library books, periodi- year, the Secretary shall award grants to eli- to invest in community colleges. In the cals, and other educational materials, in- gible entities, on a competitive basis, for the next ten years, 40 percent of new jobs cluding telecommunications program mate- purpose of building capacity at community will require college education. At the rial; colleges to meet the increased demand for ‘‘(8) the joint use of facilities, such as lab- same time, college tuition is on the community colleges while maintaining the oratories and libraries; or rise. Tuition at the University of Mary- affordable tuition rates and the open-door ‘‘(9) the development of partnerships with land is up by as much as 32 percent. policy that are the hallmarks of the commu- local businesses to increase community col- That’s causing many students to take a nity college system. lege capacity. second look at community colleges be- ‘‘(2) DURATION.—Grants awarded under this section shall be for a period not to exceed 3 ‘‘SEC. 372. APPLICABILITY. cause they’re more affordable. They’re ‘‘The provisions of part G (other than sec- also leaders in training workers for years. ‘‘(b) DEFINITIONS.—In this section: tion 399) shall not apply to this part.’’. 21st century jobs—from nurses to com- ‘‘(1) COMMUNITY COLLEGE.—The term ‘com- SEC. 2. AUTHORIZATION OF APPROPRIATIONS. puter techies, and even lab techs for munity college’ means a public institution of Section 399(a) of the Higher Education Act new industries, like biotechnology. higher education (as defined in section of 1965 (20 U.S.C. 1068h(a)) is amended by add- They’re playing a key role in address- 101(a)) whose highest degree awarded is pre- ing at the end the following: ing shortages in nursing and teaching. dominantly the associate degree. ‘‘(6) PART F.—There are authorized to be In Maryland, community colleges train ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible appropriated to carry out part F, $500,000,000 for fiscal year 2006, and such sums as may be 55 percent of new nurses. entity’ means a community college, or a con- sortium of 2 or more community colleges, necessary for each of the 4 succeeding fiscal Yet our community colleges are years.’’. bursting at the seams. They’re growing that demonstrates capacity challenges at not less than 1 of the community colleges in faster than 4-year colleges. Enrollment the eligible entity, such as— By Ms. COLLINS (for herself, Mr. at Maryland’s community colleges is ‘‘(A) an identified workforce shortage in PRYOR, Mr. DEWINE, Mr. BINGA- expected to grow 30 percent in the next the community served by the community MAN, Mr. SMITH, Mr. LIEBER- 10 years, while 4-year colleges will college that will be addressed by increased MAN, and Mr. COLEMAN): grow by 15 percent. Community col- enrollment at the community college; S. 380. A bill to amend the Public leges are holding classes from 7 in the ‘‘(B) a wait list for a class or for a degree Health Service Act to establish a State morning to 10 at night, on weekends, or a certificate program; family support grant program to end and over the internet. In my own State ‘‘(C) a faculty shortage; ‘‘(D) a significant enrollment growth; the practice of parents giving legal of Maryland, they are starting to turn ‘‘(E) a significant projected enrollment custody of their seriously emotionally students away because there isn’t growth; disturbed children to State agencies for enough room. Almost 1,000 students ‘‘(F) an increase in the student-faculty the purpose of obtaining mental health were shut out of Montgomery College ratio; services for those children; to the Com- last spring because they couldn’t get ‘‘(G) a shortage of laboratory space or mittee on Health, Education, Labor, into the classes they needed or they equipment; and Pensions. couldn’t afford the cost. Prince ‘‘(H) a shortage of computer equipment and Ms. COLLINS. Mr. President, I am George’s Community College had to technology; very pleased today to join several of ‘‘(I) out-of-date computer equipment and turn away 630 prospective nursing stu- technology; my colleagues—Senator PRYOR, Sen- dents and 1,000 prospective education ‘‘(J) a decrease in State or county funding ator DEWINE, Senator BINGAMAN, Sen- students. or a related budget shortfall; or ator SMITH, Senator LIEBERMAN, and It’s great that so many Americans ‘‘(K) another demonstrated capacity short- the Presiding Officer, Senator COLE- are going to community colleges. For fall. MAN—in introducing the Keeping Fami- so many Americans, community col- ‘‘(c) APPLICATION.—Each eligible entity de- lies Together Act. This legislation is leges are the only way to get the edu- siring a grant under this section shall sub- intended to reduce the barriers to care cation they need to be competitive for mit an application to the Secretary at such time, in such manner, and accompanied by for children who are struggling with se- 21st century jobs. Yet the rapid in- such information as the Secretary may rea- rious mental illness. It is intended to crease of students is threatening the sonably require by regulation. ensure their parents are no longer very mission of community colleges. If ‘‘(d) AWARD BASIS.—In awarding grants forced to give up custody of their chil- we want a world-class workforce, we under subsection (a), the Secretary shall dren solely for the purpose of securing need to invest in higher education. We take into consideration— mental health treatment. need to make sure we always have in- ‘‘(1) the relative need for assistance under As the Presiding Officer is well stitutions available to everyone who this section of the community colleges; aware, because he was an active partic- wants a college degree—or just a cou- ‘‘(2) the probable impact and overall qual- ity of the proposed activities on the capacity ipant in them, the Governmental Af- ple of courses. That means investing in problem of the community college; fairs Committee in the last Congress our community colleges, so they can ‘‘(3) providing an equitable geographic dis- held extensive hearings on this issue. continue to be affordable, accessible, tribution of grant funds under this section What we heard was a tragedy. We and successful at training the next gen- throughout the United States and among heard case after case where families

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2005 CONGRESSIONAL RECORD — SENATE S1421 made the wrenching choice to give up family advocate observed, ‘‘Beat ’em venile justice authorities. I released a custody of their children in order to se- up, lock ’em up, or give ’em up,’’ char- report last year with Congressman cure the mental health treatment that acterizes the choices that some fami- HENRY WAXMAN that found that all too they needed. No family should ever be lies face in their efforts to get help for often they are simply left to languish forced to make that decision. their children’s mental illness. in juvenile detention centers, which Imagine what it feels like for a child In 2003, the Government Account- are ill-equipped to meet their needs, who is suffering from mental illness to ability Office, GAO, issued a report while they wait for scarce mental be wrenched from his family, put into that I requested with Representatives health services. either the juvenile justice system or PETE STARK and PATRICK KENNEDY that Our report, which was based on a na- the foster care system simply because found that, in 2001, parents placed more tional survey of juvenile detention cen- that is the only way to get that child than 12,700 children into the child wel- ters, found that the use of juvenile de- the care that he so desperately needs. fare or juvenile justice systems so that tention facilities to ‘‘warehouse’’ chil- Serious mental illness afflicts mil- these children could receive mental dren with mental disorders is a serious lions of our Nation’s children and ado- health services. I believe that this is national problem. It found that, over a lescents. It is estimated that as many just the tip of the iceberg, since 32 six month period, nearly 15,000 young as 20 percent of American children States—including five States with the people—roughly 7 percent of all of the under the age of 17 suffer from a men- largest populations of children—did not children in the centers surveyed—were tal, emotional or behavioral illness. provide the GAO with any data. detained solely because they were wait- What I find most disturbing, however, Other studies indicate that the prob- ing for mental health services outside is the fact that two-thirds of all young lem is even more pervasive. A 1999 sur- the juvenile justice system. Many were people who need mental health treat- vey by the National Alliance for the held without any charges pending ment are not getting it. Mentally III found that 23 percent—or against them, and the young people in- Behind each of these statistics is a one in four of the parents surveyed— carcerated unnecessarily while waiting family that is struggling to do the best had been told by public officials that for treatment were as young as seven it can to help a son or a daughter with they needed to relinquish custody of years old. Finally, the report estimated serious mental health needs to be just their children to get care, and that one that juvenile detention facilities are like every other kid—to develop friend- in five of these families had done so. spending an estimated $100 million of ships, to do well in school, and to get Some States have passed laws to the taxpayers’ money each year simply along with their siblings and other limit custody or prohibit custody relin- to warehouse children and teenagers family members. These children are al- quishment. Simply banning the prac- while they are waiting for mental most always involved with more than tice is not a solution, however, since it health services. one social service agency, including can leave children with mental illness The Keeping Families Together Act, the mental health, special education, and their families without services and which we are introducing today, will child welfare, or the juvenile justice care. Custody relinquishment is merely help to improve access to mental systems. Yet no one agency, at either a symptom of the much larger problem, health services and assist states in the State or the Federal level, is clear- which is the lack of available, afford- eliminating the practice of parents re- ly responsible or accountable for help- able and appropriate mental health linquishing custody of their children ing these children and their families. services and support systems for these solely for the purpose of securing treat- My interest in this issue was trig- children and their families. ment. gered by a compelling series of stories Last Congress, I chaired a series of The legislation authorizes $55 million by Barbara Walsh in the Portland hearings in the Governmental Affairs over 6 years for competitive grants to Press Herald which detailed the obsta- Committee to examine this issue fur- states to create an infrastructure to cles that many Maine families have ther. We heard compelling testimony support and sustain statewide systems faced in getting desperately needed from mothers who told us that they of care to serve children who are in mental health services for their chil- were advised that the only way to get custody or at risk of entering custody dren. Too many families in Maine and the intensive care and services that of the State for the purpose of receiv- elsewhere have been forced to make their children needed was to relinquish ing mental health services. States al- wrenching decisions when they have custody and place them in the child ready dedicate significant dollars to been advised that the only way to get welfare or juvenile justice system. This serve children in state custody. These the care that their children so des- is a wrenching decision that no family Family Support Grants would help perately need is to relinquish custody should be forced to make. No parent States to serve children more effec- and place them in either the child wel- should have to give up custody of his or tively and efficiently, while keeping fare or juvenile justice system. her child just to get the services that them at home with their families. When a child has a serious physical the child needs. The legislation would also remove a health problem like diabetes or a heart The mothers also described the bar- current statutory barrier that prevents condition, the family turns to their riers they faced in getting care for more States from using the Medicaid doctor. When the family includes a their children. They told us about the home and community-based services child with a serious mental illness, it is limitations in both public and private waiver to serve children with serious often forced to go to the child welfare insurance coverage. They also talked mental health needs. This waiver pro- or juvenile justice system to secure about the lack of coordination and vides a promising way for States to ad- treatment. communication among the various dress the underlying lack of mental Yet neither system is intended to agencies and programs that service health services for children that often serve children with serious mental ill- children with mental health needs. One leads to custody relinquishment. While ness. Child welfare systems are de- parent, desperate for help for her twin a number of States have requested signed to protect children who have boys, searched for 2 years until she fi- these waivers to serve children with de- been abused or neglected. Juvenile jus- nally located a program—which she velopmental disabilities, very few have tice systems are designed to rehabili- characterized as ‘‘the best kept secret done so for children with serious men- tate children who have committed in Illinois’’—that was able to help. tal health conditions. Our legislation criminal or delinquent acts. While nei- Parents should not be bounced from would provide parity to children with ther of these systems is equipped to agency to agency, knocking on every mental illness by making it easier for care for a child with a serious mental door they come to, in the hope that States to offer them home- and com- illness, in far too many cases, there is they will happen upon someone who munity-based services under this waiv- nowhere else for the family to turn. has an answer. It simply should not be er as an alternative to institutional In some extreme cases, families feel such a struggle for parents to get serv- care. forced to file charges against their ices and treatment for their children. And finally, the legislation calls for child or to declare that they have We also need to question what hap- the creation of a federal interagency abused or neglected them in order to pens to these children when they are task force to examine mental health get the care that they need. As one turned over to the child welfare or ju- issues in the child welfare and juvenile

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1422 CONGRESSIONAL RECORD — SENATE February 15, 2005 justice systems and the role of those This legislation promises to help end this National Association of Social Workers. agencies in promoting access by chil- growing crisis by providing grants to states National Association of State Mental dren and youth to needed mental to establish interagency systems of care for Health Program Directors. children and adolescents with serious mental National CASA Association (Court Ap- health services. The task force would pointed Special Advocates). also be charged with monitoring the disorders. The grants will allow states to build more efficient and effective mental National Foster Parent Association. National Independent Living Association. Family Support grants, making rec- health systems for children and families. It ommendations to Congress on how to National Mental Health Association. also eliminates barriers to home and com- National Respite Coalition. improve mental health services, and munity-based care for children by enabling a Physicians for Human Rights. fostering interagency cooperation and greater number of children to receive mental School Social Work Association of Amer- removing interagency barriers that health services under the Section 1915(c) ica. contribute to the problem of custody Medicaid home- and community-based waiv- Suicide Prevention Action Network USA. relinquishment. er. The waiver promises to make appropriate Supportive Child Adult Network, Inc. The Keeping Families Together Act services available to children in their homes (Stop Child Abuse Now, Inc.) and communities and close to their loved The Rebecca Project for Human Rights. takes a critical step forward to meet- Voice for Adoption. ing the needs of children with serious ones at a considerable cost savings over pro- viding those services in an institutional set- Volunteers of America. Youth Law Center. mental or emotional disorders. Our leg- ting. islation has been endorsed by a broad The legislation also calls for the creation FIGHT CRIME: INVEST IN KIDS, coalition of mental health and chil- of a federal interagency task force to exam- Washington, DC, February 15, 2005. dren’s groups, including the National ine mental health issues in the child welfare Hon. SUSAN COLLINS, Alliance for the Mentally Ill, the Fed- and juvenile justice systems. A GAO report U.S. Senate, released in April 2003 showed that when par- eration of Families for Children’s Men- Washington, DC. ents give up custody of their child to secure tal Health, the Bazelon Center for Men- DEAR SENATOR COLLINS: On behalf of the tal Health Law, the National Child mental health services, those children are more than 2,000 sheriffs, police chiefs, pros- Welfare League, the National Mental placed in one of these two systems—neither ecutors, and victims of violence who con- Health Association, the American Cor- of which is designed to be a mental health stitute the national anti-crime group FIGHT service agency. CRIME: INVEST IN KIDS, thank you for in- rectional Association, the American No family in our nation should ever be Psychological Association, the Amer- troducing the Keeping Families Together asked to make the heart-wrenching decision Act. This bill would take an important step ican Psychiatric Association, the to give up parental rights of their seriously toward ending the practice of inappropri- American Academy of Child and Ado- ill child in exchange for mental health treat- ately placing kids in juvenile detention fa- lescent Psychiatry, and Fight Crime, ment and services. cilities solely because of the absence of af- Invest in Kids. We welcome this legislation as a critical fordable and accessible mental health treat- Mr. President, I ask unanimous con- step toward ending this practice and toward ment for them. These placements drain sig- sent that their letters of endorsement delivering more cost effective and appro- nificant resources from an already under- for the bill be printed in the CONGRES- priate services for children and families. funded juvenile justice system, diverting Once again, we thank you for your leader- SIONAL RECORD, and I urge all of our funding that would otherwise support effec- ship and commitment to ending this practice tive violence prevention programs for at-risk colleagues to join us as cosponsors. and for continuing to stand up for children, There being no objection, the mate- kids and intervention programs for kids who families and common sense. have already committed a criminal or delin- rial was ordered to be printed in the Sincerely, quent act. RECORD, as follows: Adoptions Together, Inc. A July 2003 General Accounting Office re- FEBRUARY 14, 2005. Alabama Foster and Adoptive Association. port, Child Welfare and Juvenile Justice: Hon. SUSAN COLLINS, Alliance for Children and Families. Several Factors Influence the Placement of Hon. MARK PRYOR, American Academy of Child & Adolescent Children Solely to Obtain Mental Health U.S. Senate, Psychiatry. Services, revealed that over 9,000 kids in se- Washington, DC. American Correctional Association. lected counties in 17 states were placed in Hon. JIM RAMSTAD, American Counseling Association. the juvenile justice system merely to obtain Hon. NANCY JOHNSON, American Mental Health Counselors Asso- mental health services. Furthermore, a Hon. PETE STARK, ciation. House Committee on Government Reform re- Hon. PATRICK KENNEDY, American Association for Marriage and port demonstrated that two-thirds of juve- U.S. House of Representatives, Family Therapy. nile detention facilities inappropriately hold Washington, DC. American Psychiatric Association. kids waiting for mental health services. In 33 DEAR SENATORS COLLINS AND PRYOR AND American Psychological Association. states, kids who did not have any criminal REPRESENTATIVES RAMSTAD, JOHNSON, Association of University Centers on Dis- charges were held in detention facilities STARK, AND KENNEDY: As national organiza- abilities. while awaiting community mental health tions representing mental health consumers, Bazelon Center for Mental Health Law. treatment. Other kids had been charged with families, advocates, professionals and pro- Child and Adolescent Bipolar Foundation. an offense but would not have been placed in viders dedicated to improving the lives of Children’s Action Alliance. detention but for the lack of available men- children and adolescents living with mental Children and Adults with Attention-Def- tal health treatment. In fact, the House disorders and their families, we applaud your icit/Hyperactivity Disorder. Committee report revealed that, each night, leadership in reintroducing the Keeping Child Welfare League of America. nearly 2,000 kids wait in detention for com- Families Together Act in the 109th Congress. Children Awaiting Parents. munity mental health services, representing This legislation promises to help end a Children’s Defense Fund. 7 percent of all youth held in juvenile deten- scandal that has lingered too long in states Depression and Bipolar Alliance. tion. It is estimated that juvenile detention throughout our nation. As you know, thou- Family Voices. facilities spend approximately $100 million sands of families every year are forced to Federation of Families for Children’s Men- each year to keep kids who are inappropri- give up custody of their children to the state tal Health. ately placed as they wait for mental health in order to secure vitally necessary mental Foster Family-based Treatment Associa- treatment. This cost does not account for health services. This unthinkable practice tion. the additional service provision and staff tears families apart, is devastating for par- Girls Incorporated of Memphis. time often needed in juvenile facilities to ents and caregivers and leaves children feel- Learning Disabilities Association of Amer- care for kids with severe mental health prob- ing abandoned in their hour of greatest need. ica. lems, although over half of responding facili- This practice occurs because most families Lutheran Children and Family Service. ties reported that staff receives poor, very have discriminatory and restrictive caps on National Alliance for the Mentally Ill. poor, or no mental health training. their private mental health coverage or in- National Association for Children of Alco- Every year, 1.4 million kids are charged surers fail to cover the required treatment. holics. with an offense for which an adult could be The majority of these families are not eligi- National Association for Children’s Behav- tried in a criminal court. The juvenile jus- ble for Medicaid coverage because of their in- ioral Health. tice system is responsible for rehabilitating come. This truly unfortunate practice also National Association of County Behavioral these kids so that they can leave the system exists because of the lack of appropriate Health and Disability Directors. and become productive citizens instead of mental health services in many states and National Association of Mental Health continuing a life of crime, as well as for pre- communities for children and adolescents Planning and Advisory Councils. venting such acts in the first place. Inappro- with mental disorders. This was well docu- National Association of Protection and Ad- priately placing kids who need mental mented in President Bush’s New Freedom vocacy Systems. health treatment in juvenile detention fa- Commission report on mental health (July National Association of School Psy- cilities places an unnecessary financial bur- 2003). chology. den on the inadequately-resourced juvenile

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2005 CONGRESSIONAL RECORD — SENATE S1423 justice system, and jeopardizes the safety of than death by excluding from income a secure retirement for all Americans. I our communities. The Keeping Families To- portion of such payments; to the Com- ask unanimous consent that the text of gether Act would provide grants to help mittee on Finance. the legislation be printed in the states provide and coordinate the needed Mr. SMITH. Mr. President, America RECORD. array of mental health services to children will soon be facing a new and serious There being no objection, the text of so that families do not need to relinquish their kids to the juvenile justice system. retirement challenge. Americans are the bill was ordered to be printed in This legislation would also establish a fed- living longer. Yet, recent economic and the RECORD, as follows: eral interagency task force to examine men- demographic shifts will put the retire- S. 381 tal health issues in the child welfare and ju- ment security of many retirees at risk. Be it enacted by the Senate and House of Rep- venile justice systems. Current projections regarding the sol- resentatives of the United States of America in We are proud that our Senator introduced vency of the Social Security program Congress assembled, the Keeping Families Together Act to help are not favorable. And, with 77 million SECTION 1. SHORT TITLE. keep families together, focus juvenile justice baby boomers set to begin retiring in This Act may be cited as the ‘‘Retirement resources on delinquent and at-risk kids, and 2008, the number of retirees in the So- Security for Life Act of 2005’’. make our communities safer. cial Security program is expected to SEC. 2. EXCLUSION FOR LIFETIME ANNUITY PAY- Sincerely, double. In addition, fewer retirees in MENTS. MARK WESTRUM, (a) LIFETIME ANNUITY PAYMENTS UNDER the future will be able to depend on Sheriff, Sagadahoc County, ME. ANNUITY CONTRACTS.—Section 72(b) of the In- monthly pension checks that many em- Mr. SMITH. Mr. President, I rise ternal Revenue Code of 1986 (relating to ex- ployers once paid. A growing number of today to join my colleagues, Senator clusion ratio) is amended by adding at the retirees will be facing the difficult end the following new paragraph: COLLINS and Senator PRYOR, in intro- challenge of managing their own sav- ‘‘(5) EXCLUSION FOR LIFETIME ANNUITY PAY- ducing the ‘‘Keeping Families Together ings. MENTS.— Act’’. This bill will expand Medicaid’s In response to these trends, I am of- ‘‘(A) IN GENERAL.—In the case of lifetime home and community based services fering legislation aimed at assisting annuity payments received under one or waiver to cover children and adoles- Americans maintain their financial more annuity contracts in any taxable year, cents in residential treatment facili- independence and their standard of liv- gross income shall not include 50 percent of the portion of lifetime annuity payments ties. Currently, most state Medicaid ing throughout their retirement by agencies, including Oregon, do not otherwise includible (without regard to this making it easier for them to secure a paragraph) in gross income under this sec- cover this intensive treatment. steady income for life. Under the Re- In 2001, 101 Oregon children and ado- tion. For purposes of the preceding sentence, tirement Security for Life Act that the amount excludible from gross income in lescents were placed in State custody Senator CONRAD and I are introducing any taxable year shall not exceed $20,000. because this was the only way they today, a tax incentive would be enacted ‘‘(B) COST-OF-LIVING ADJUSTMENT.—In the could get the mental health treatment that encourages retirees to provide case of taxable years beginning after Decem- they need. This situation occurs most themselves with a guaranteed lifetime ber 31, 2006, the $20,000 amount in subpara- often in middle-income families, where income. Specifically, the proposal graph (A) shall be increased by an amount the family’s employer-based insurance equal to— would exclude from federal taxes one- ‘‘(i) such dollar amount, multiplied by does not cover intensive treatment for half of the income payments from an serious mental illness, but the family ‘‘(ii) the cost-of-living adjustment deter- annuity purchased with after tax dol- mined under section 1(f)(3) for the calendar income is too high for them to qualify lars, a so- called non-qualified annuity. year in which the taxable year begins, deter- for Medicaid services. With no other Importantly, we have proposed a cap mined by substituting ‘calendar year 2005’ way to get their child treatment, par- on the exclusion so that no more that for ‘calendar year 1992’ in subparagraph (B) ents are forced to choose between cus- $20,000 could be excluded in a year. For thereof. tody and care. Passage of this legisla- a typical American in the 25 percent If any amount as increased under the pre- tion is urgently needed so that thou- tax bracket, this would provide an an- ceding sentence is not a multiple of $500, sands of parents are not forced to relin- nual maximum tax savings of up to such amount shall be rounded to the next quish their custody rights to State $5,000. I believe that this modest tax in- lower multiple of $500. child welfare or juvenile agencies in centive will enable some retirees to ‘‘(C) APPLICATION OF PARAGRAPH.—Subpara- order to obtain mental health care for graph (A) shall not apply to— consider annuitizing a portion of their ‘‘(i) any amount received under an eligible their seriously mentally ill children. nest egg so that they have a guaran- deferred compensation plan (as defined in In Oregon, children with serious men- teed lifetime of income. section 457(b)) or under a qualified retire- tal illnesses are being taken away from In recent years, the ‘‘retirement se- ment plan (as defined in section 4974(c)), their families at a time when they curity’’ debate in Congress has almost ‘‘(ii) any amount paid under an annuity most need to be close to home. The entirely focused on the need to accu- contract that is received by the beneficiary availability of family support services, mulate a nest egg prior to retirement. under the contract— community-based services and other And, Congress is doing much to encour- ‘‘(I) after the death of the annuitant in the effective interventions will help reduce age personal saving and employer-pro- case of payments described in subsection the need for costly residential care and vided retirement plans. I am proud of (c)(5)(A)(ii)(III), unless the beneficiary is the surviving spouse of the annuitant, or consequently reduce the need to place both our successes and our continuing ‘‘(II) after the death of the annuitant and children in a setting away from their efforts in these areas. Encouraging joint annuitant in the case of payments de- homes, families and communities. more savings is an important step, but scribed in subsection (c)(5)(A)(ii)(IV), unless Keeping Families Together Act will it is not enough. What has received lit- the beneficiary is the surviving spouse of the also establish a Federal interagency tle attention is the retirement income last to die of the annuitant and the joint an- task force to examine mental health or ‘‘payout’’ phase of the retirement nuitant, or issues in the child welfare and juvenile security equation. That is, we need to ‘‘(iii) any annuity contract that is a quali- justice systems so that we can hope- be thinking about the management of fied funding asset (as defined in section market and longevity risk so that a 130(d)), but without regard to whether there fully see an end to this practice, not is a qualified assignment. just in Oregon, but in every State in life’s savings can provide a secure re- ‘‘(D) INVESTMENT IN THE CONTRACT.—For our nation. tirement. Longevity risk—the risk of purposes of this section, the investment in I urge my colleagues to join me in outliving one’s savings—is one of the the contract shall be determined without re- support of this critical legislation. biggest risks facing retirees. While we gard to this paragraph.’’. have some control over when we retire, (b) DEFINITIONS.—Subsection (c) of section By Mr. SMITH (for himself, Mr. we have very little control over how 72 of the Internal Revenue Code of 1986 is CONRAD, MS. SNOWE, and Mrs. long we will live. It is my goal that amended by adding at the end the following new paragraph: CLINTON): Americans will be able to enjoy a life- S. 381. A bill to amend the Internal ‘‘(5) LIFETIME ANNUITY PAYMENT.— time of income from their hard-earned ‘‘(A) IN GENERAL.—For purposes of sub- Revenue Code of 1986 to encourage savings long after they have put their section (b)(5), the term ‘lifetime annuity guaranteed lifetime income payments years in the workforce behind them. payment’ means any amount received as an from annuities and similar payments of Please join me in supporting our pro- annuity under any portion of an annuity life insurance proceeds at dates later posal as a crucial step in providing a contract, but only if—

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‘‘(i) the only person (or persons in the case (c) RECAPTURE TAX FOR LIFETIME ANNUITY to the rules of section 72(b)(5) and section of payments described in subclause (II) or PAYMENTS.—Section 72 of the Internal Rev- 72(x) shall apply, substituting the term ‘ben- (IV) of clause (ii)) legally entitled (by oper- enue Code of 1986 is amended by redesig- eficiary of the life insurance contract’ for ation of the contract, a trust, or other le- nating subsection (x) as subsection (y) and the term ‘annuitant’ wherever it appears, gally enforceable means) to receive such by inserting after subsection (x) the fol- and substituting the term ‘life insurance amount during the life of the annuitant or lowing new subsection: contract’ for the term ‘annuity contract’ joint annuitant is such annuitant or joint ‘‘(x) RECAPTURE TAX FOR MODIFICATIONS TO wherever it appears.’’. annuitant, and OR REDUCTIONS IN LIFETIME ANNUITY PAY- (2) CONFORMING AMENDMENT.—Section ‘‘(ii) such amount is part of a series of sub- MENTS.— 101(d)(1) of such Code is amended by insert- stantially equal periodic payments made not ‘‘(1) IN GENERAL.—If any amount received ing ‘‘or paragraph (4)’’ after ‘‘to the extent less frequently than annually over— under an annuity contract is excluded from not excluded by the preceding sentence’’. ‘‘(I) the life of the annuitant, income by reason of subsection (b)(5) (relat- (e) EFFECTIVE DATE.— ‘‘(II) the lives of the annuitant and a joint ing to lifetime annuity payments), and— (1) IN GENERAL.—The amendments made by annuitant, but only if the annuitant is the ‘‘(A) the series of payments under such this section shall apply to amounts received spouse of the joint annuitant as of the annu- contract is subsequently modified so any fu- in calendar years beginning after the date of ity starting date or the difference in age be- ture payments are not lifetime annuity pay- the enactment of this Act. tween the annuitant and joint annuitant is ments, (2) SPECIAL RULE FOR EXISTING CON- 15 years or less, ‘‘(B) after the date of receipt of the first TRACTS.—In the case of a contract in force on ‘‘(III) the life of the annuitant with a min- lifetime annuity payment under the contract the date of the enactment of this Act that imum period of payments or with a min- an annuitant receives a lump sum and there- does not satisfy the requirements of section imum amount that must be paid in any after is to receive annuity payments in a re- 72(c)(5)(A) of the Internal Revenue Code of duced amount under the contract, or event, or 1986 (as added by this section), or require- ‘‘(C) after the date of receipt of the first ‘‘(IV) the lives of the annuitant and a joint ments similar to such section 72(c)(5)(A) in lifetime annuity payment under the contract annuitant with a minimum period of pay- the case of a life insurance contract), any the dollar amount of any subsequent annuity ments or with a minimum amount that must modification to such contract (including a payment is reduced and a lump sum is not be paid in any event, but only if the annu- change in ownership) or to the payments paid in connection with the reduction, unless itant is the spouse of the joint annuitant as thereunder that is made to satisfy the re- such reduction is— of the annuity starting date or the difference quirements of such section (or similar re- ‘‘(i) due to an event described in subsection in age between the annuitant and joint annu- quirements) shall not result in the recogni- (c)(5)(A)(iii), or itant is 15 years or less. tion of any gain or loss, any amount being ‘‘(ii) due to the addition of, or increase in, XCEPTIONS.—For purposes of clause included in gross income, or any addition to ‘‘(iii) E a minimum period of payments within the tax that otherwise might result from such (ii), annuity payments shall not fail to be meaning of subsection (c)(5)(C) or a min- modification, but only if the modification is treated as part of a series of substantially imum amount that must be paid in any completed prior to the date that is 2 years equal periodic payments— event (within the meaning of subsection after the date of the enactment of this Act. ‘‘(I) because the amount of the periodic (c)(5)(D)), then gross income for the first tax- payments may vary in accordance with in- able year in which such modification or re- By Mr. MCCAIN: vestment experience, reallocations among duction occurs shall be increased by the re- investment options, actuarial gains or capture amount. S. 383. A bill to shorten the term of losses, cost of living indices, a constant per- ‘‘(2) RECAPTURE AMOUNT.— broadcasting licenses under the Com- centage applied not less frequently than an- ‘‘(A) IN GENERAL.—For purposes of this sub- munications Act of 1934 from 8 to 3 nually, or similar fluctuating criteria, section, the recapture amount shall be the years, to provide better public access ‘‘(II) due to the existence of, or modifica- amount, determined under rules prescribed to broadcasters’ public interest issues tion of the duration of, a provision in the by the Secretary, equal to the amount that and programs lists and children’s pro- contract permitting a lump sum withdrawal (but for subsection (b)(5)) would have been after the annuity starting date, or gramming reports, and for other pur- includible in the taxpayer’s gross income if poses; to the Committee on Commerce, ‘‘(III) because the period between each such the modification or reduction described in payment is lengthened or shortened, but paragraph (1) had been in effect at all times, Science, and Transportation. only if at all times such period is no longer plus interest for the deferral period at the Mr. MCCAIN. Mr. President, I rise than one calendar year. underpayment rate established by section today to introduce the ‘‘Localism in ‘‘(B) ANNUITY CONTRACT.—For purposes of 6621. Broadcasting Reform Act of 2005.’’ This subparagraph (A) and subsections (b)(5) and ‘‘(B) DEFERRAL PERIOD.—For purposes of legislation would reduce the license (w), the term ‘annuity contract’ means a this subsection, the term ‘deferral period’ term for broadcasters from 8 years to 3 commercial annuity (as defined by section means the period beginning with the taxable years, thereby requiring broadcasters 3405(e)(6)), other than an endowment or life year in which (without regard to subsection insurance contract. to provide the Federal Communica- (b)(5)) the payment would have been includ- tions Commission (FCC or Commis- ‘‘(C) MINIMUM PERIOD OF PAYMENTS.—For ible in gross income and ending with the tax- purposes of subparagraph (A), the term ‘min- able year in which the modification de- sion) with information every 3 years on imum period of payments’ means a guaran- scribed in paragraph (1) occurs. why their license should be renewed. teed term of payments that does not exceed ‘‘(3) EXCEPTIONS TO RECAPTURE TAX.—Para- Prior to 1981, broadcast licenses were the greater of 10 years or— graph (1) shall not apply in the case of any granted for a term of 3 years. ‘‘(i) the life expectancy of the annuitant as modification or reduction that occurs be- The bill would require the full Com- of the annuity starting date, in the case of cause an annuitant— mission to review 5 percent of all li- lifetime annuity payments described in sub- ‘‘(A) dies or becomes disabled (within the paragraph (A)(ii)(III), or cense and renewal applications. Cur- meaning of subsection (m)(7)), rently, the Media Bureau randomly au- ‘‘(ii) the life expectancy of the annuitant ‘‘(B) becomes a chronically ill individual and joint annuitant as of the annuity start- within the meaning of section 7702B(c)(2), or dits 5 percent of all license renewal ap- ing date, in the case of lifetime annuity pay- ‘‘(C) encounters hardship.’’. plications. The FCC first started an ments described in subparagraph (A)(ii)(IV). (d) LIFETIME DISTRIBUTIONS OF LIFE INSUR- audit process back in the 1980s when For purposes of this subparagraph, life ex- ANCE DEATH BENEFITS.— the FCC changed its license renewal pectancy shall be computed with reference (1) IN GENERAL.—Section 101(d) of the Inter- process from one where stations sub- to the tables prescribed by the Secretary nal Revenue Code of 1986 (relating to pay- mitted evidence of ‘‘public interest’’ under paragraph (3). For purposes of sub- ment of life insurance proceeds at a date obligations compliance to one where section (w)(1)(C)(ii), the permissible min- later than death) is amended by adding at imum period of payments shall be deter- the end the following new paragraph: stations self certify compliance, critics mined as of the annuity starting date and re- ‘‘(4) EXCLUSION FOR LIFETIME ANNUITY PAY- call it a ‘‘post card renewal’’. This sec- duced by one for each subsequent year. MENTS.— tion would take the audit process a ‘‘(D) MINIMUM AMOUNT THAT MUST BE PAID ‘‘(A) IN GENERAL.—In the case of amounts step further by requiring the Commis- IN ANY EVENT.—For purposes of subparagraph to which this subsection applies, gross in- sioners to review the applications se- (A), the term ‘minimum amount that must come shall not include the lesser of— lected for audit rather than the Media be paid in any event’ means an amount pay- ‘‘(i) 50 percent of the portion of lifetime an- Bureau. able to the designated beneficiary under an nuity payments otherwise includible in gross The bill would command broad- annuity contract that is in the nature of a income under this section (determined with- casters to post on their Internet sites refund and does not exceed the greater of the out regard to this paragraph), or amount applied to produce the lifetime an- ‘‘(ii) the amount in effect under section information detailing their commit- nuity payments under the contract or the 72(b)(5). ment to local public affairs program- amount, if any, available for withdrawal ‘‘(B) RULES OF SECTION 72(b)(5) TO APPLY.— ming and children’s programming. The under the contract on the date of death.’’. For purposes of this paragraph, rules similar bill also calls for the FCC to complete

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2005 CONGRESSIONAL RECORD — SENATE S1425 its proceeding on whether public inter- SEC. 2. 3-YEAR TERM FOR BROADCAST LICENSES. ‘‘(C) makes the specific allegations and est obligations should apply to broad- (a) IN GENERAL.—Section 307(c)(1) of the showings required by this subsection.’’. casters in the digital era. Communications Act of 1934 (47 U.S.C. SEC. 7. COMPLETION OF CERTAIN PENDING PRO- To ensure that viewers or listeners 307(c)(1)) is amended by striking ‘‘8’’ each CEEDINGS. can fully participate in a broadcaster’s place it appears and inserting ‘‘3’’. (a) IN GENERAL.—Not later than 9 months (b) EXISTING LICENSES.—The amendment after the date of enactment of this Act, the license renewal, the bill would codify made by subsection (a) shall apply to li- the Commission’s rule that a viewer or Commission shall complete action on— censes granted or renewed after the date of (1) In the Matter of Standardized and En- listener has standing to challenge a li- enactment of this Act. hanced Disclosure Requirements for Tele- cense if he demonstrates either that he SEC. 3. FULL COMMISSION REVIEW REQUIRED vision Broadcast Licensee Public Interest resides in the station’s service area or FOR 5 PERCENT OF APPLICATIONS. Obligations, MM Docket No. 00–168; and that he regularly listens or views the Section 309(a) of the Communications Act (2) In the Matter of Public Interest Obliga- station and that such listening or view- of 1934 (47 U.S.C. 309(a)) is amended by adding tions of Television Broadcast Licensees, MM ing is not the result of transient con- at the end the following: ‘‘The determination Docket No. 99–360. tacts with the station. required by this subsection shall be made by (b) STANDARDIZED FORMS FOR ELECTRONI- Lastly, the bill would allow the Com- the full Commission en banc in no fewer than CALLY FILED REPORTS.—As part of the pro- mission, during a license renewal pro- 5 percent of the applications filed with it in ceedings described in subsection (a), the each calendar year to which section 308 ap- Commission shall— ceeding, to review not only the per- plies.’’. (1) give consideration to requiring stand- formance of the station seeking re- SEC. 4. ISSUES AND PROGRAMS REPORTS; CHIL- ardized forms for broadcasters to use in pre- newal, but also the performance of all DREN’S TELEVISION REPORTS. paring public interest issues and programs stations owned by the licensee seeking (a) IN GENERAL.— lists for electronic filing; and renewal. The current statute restricts (1) ELECTRONIC FILING.—The Commission (2) if it determines that such standardized the Commission’s review only to that shall amend its regulations to require every forms would be in the public interest, de- station seeking the renewal. broadcaster to file, electronically, a copy of velop and promulgate such forms and require Last June, FCC Chairman Michael its public interest issues and programs list their use by permittees and licensees. Powell and I challenged all local broad- and its children’s programming reports with SEC. 8. DEFINITIONS. cast television and radio stations to the Commission, in such form as the Com- In this Act: provide their local communities with mission may require, within 10 days after the (1) BROADCASTER.—The term ‘‘broadcaster’’ end of each calendar quarter. means a permittee or licensee of a commer- significant information on the local po- (2) WAIVER.—The Commission may waive litical issues facing communities, the cial or non-commercial television or radio or defer compliance with the regulations pro- broadcast station. local candidates’ campaign platforms, mulgated in paragraph (1) by a broadcaster (2) CHILDREN’S PROGRAMMING REPORTS.— and the local candidate debates during in any specific instance for good cause shown The term ‘‘children’s programming reports’’ the 2004 election. In response to the where such action would be consistent with means the information that a broadcaster is challenge, many broadcasters sent vol- the public interest. required to provide for public inspection by umes of material detailing their exten- (b) LICENSEE WEBSITE REQUIREMENT.—The paragraph (e)(11)(iii) of section 73.3526 of title sive election coverage and committing Commission shall amend its regulations to 47, Code of Federal Regulations. require every broadcast station for which to increase their coverage in 2004. (3) COMMISSION.—The term ‘‘Commission’’ there is a publicly accessible website on the means the Federal Communications Com- Today, the Norman Lear Center at the Internet— Annenberg School for Communication mission. (1) to make its public interest issues and (4) PUBLIC INTEREST ISSUES AND PROGRAMS at the University of Southern Cali- programs list and its children’s program- LIST.—The term ‘‘public interest issues and fornia released findings showing that ming reports available to the public on that programs list’’ means the information that— local news coverage of local political website; or (A) a commercial broadcast station is re- campaigns is dismal. Specifically, the (2) to provide a hyperlink on that website quired to provide for public inspection by study found that 92 percent of the news to that information on the Commission’s paragraphs (e)(11)(i) and (12) of section 73.3526 broadcasts studied contained no stories website. of title 47, Code of Federal Regulations; and (c) COMMISSION WEBSITE REQUIREMENT.— (B) a non-commercial broadcast station is about races for the U.S. House, State The Commission shall provide access to the senate or assembly, mayor, city coun- required to provide for public inspection by public to the public interest issues and pro- paragraph (e)(8) of section 73.3527 of title 47, cil, law-enforcement posts, judgeships, grams lists and children’s programming re- Code of Federal Regulations. education offices, or regional or county ports filed electronically by broadcasting offices. stations with the Commission. By Mr. GRASSLEY (for himself, (d) TIMEFRAME.—The Commission shall Therefore, I feel it is now time to in- Mr. DORGAN, Mr. HAGEL, and amend its regulations to carry out the re- troduce legislation to bring local back Mr. JOHNSON): into local broadcasting. I believe this quirements of this section not later than 180 days after the date of enactment of this Act. S. 385. A bill to amend the Food Se- legislation is a step in the right direc- curity Act of 1985 to restore integrity tion. It will have a small impact on SEC. 5. STANDARDS FOR BROADCAST STATION RENEWAL TO INCLUDE REVIEW OF to and strengthen payment limitation those stations that are currently meet- LICENSEE’S OTHER STATIONS. rules for commodity payments and ing their public interest obligations, Section 309(k)(1) of the Communications benefits; to the Committee on Agri- but it should have a large impact on Act of 1934 (47 U.S.C. 309(k)(1)) is amended— culture, Nutrition, and Forestry. those citizens whose local broadcaster (1) by striking ‘‘with respect to that sta- Mr. GRASSLEY. Mr. President, the is not meeting its obligations. I refuse tion,’’ and inserting ‘‘with respect to that station (and all stations operated by the li- American people recognize the impor- to believe that the ‘‘public interest’’ is tance of the family farmer to our Na- served by minimal campaign coverage, censee),’’; (2) by striking ‘‘its’’ and inserting ‘‘that tion, and the need to provide an ade- such as a 12 second sound bite on from station’s’’; and quate safety net for family farmers. In a candidate during a half-hour local (3) in subparagraph (A), by striking ‘‘the recent years, however, assistance to news program as found in the study. station has’’ and inserting ‘‘the station has, farmers has come under increasing Citizens deserve more from their local and such other stations have,’’. scrutiny. broadcaster. SEC. 6. PARTY IN INTEREST REQUIREMENT FOR Critics of farm payments have argued I ask unanimous consent that the PETITIONS TO OPPOSE THE GRANT that the largest corporate farms reap text of the bill be printed in the OR RENEWAL OF A LICENSE. Section 309(d) of the Communications Act most program benefits. The reality is RECORD. over 72 percent of the payments have There being no objection, the text of of 1934 (47 U.S.C. 309(d)(1)) is amended by add- ing at the end the following: gone to only 10 percent of our Nation’s the bill was ordered to be printed in ‘‘(3) For purposes of paragraph (1), the farmers. There is good reason to be the RECORD, as follows: term ‘party in interest’ includes any indi- critical of our farm programs. S. 383 vidual who— What’s more, farm payments that Be it enacted by the Senate and House of Rep- ‘‘(A) is a listener or viewer of the specific were originally designed to benefit resentatives of the United States of America in station to which the application relates (de- Congress assembled, termined without regard to such individual’s small- and medium-sized family farm- SECTION 1. SHORT TITLE. place of residence); ers have contributed to their own de- This Act may be cited as the ‘‘Localism in ‘‘(B) asserts an interest in vindicating the mise. Unlimited farm payments have Broadcasting Reform Act of 2005’’. general public interest; and placed upward pressure on land prices

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1426 CONGRESSIONAL RECORD — SENATE February 15, 2005 and have contributed to overproduc- feiture, the amount by which the loan length relationship, as determined by the tion and lower commodity prices, driv- amount exceeds the repayment amount for Secretary; or ing many family farmers off the farm. the loan if the loan had been settled by re- ‘‘(III) more than 2⁄3 of the farming oper- The Senate has agreed, by an over- payment instead of forfeiture. ations are conducted as custom farming ‘‘(B) Any loan deficiency payments re- services provided by— whelming bipartisan vote during the ceived for 1 or more loan commodities under ‘‘(aa) the same person; 2002 farm bill debate and two Senate that subtitle. ‘‘(bb) an immediate family member; or Budget Committee markups that tar- ‘‘(C) Any gain realized from the use of a ‘‘(cc) an entity or individual that has a geting Federal assistance to small- and commodity certificate issued by the Com- business relationship that is not an arm’s medium-sized family farmers is the modity Credit Corporation for 1 or more loan length relationship, as determined by the right thing to do. commodities, as determined by the Sec- Secretary; or It has been my hope since the 2002 retary, including the use of a certificate for ‘‘(iii) a person under such other arrange- farm bill conference committee the settlement of a marketing assistance ments as the Secretary determines are estab- loan made under that subtitle, with the gain lished to transfer payments from persons dropped the payment limit amendment reported annually to the Internal Revenue that would otherwise exceed the applicable that Congress would establish legiti- Service and to the taxpayer in the same dollar amounts specified in subsections (b), mate, reasonable payment limits simi- manner as gains under subparagraphs (A) (c), and (d); and lar to S. 667, the payment limits bill we and (B).’’; ‘‘(C) to ensure that payments attributed introduced last session. (4) by adding at the end the following: under this section to a person other than the While we have not yet achieved our ‘‘(h) SINGLE FARMING OPERATION.— direct recipient shall also count toward the ultimate goal, no one can question that ‘‘(1) IN GENERAL.—Notwithstanding sub- limit of the direct recipient. the votes have been there for payment sections (b) through (d), subject to paragraph ‘‘(2) PRIMARY CONTROL.—The regulations limits. Unfortunately, a two-thirds ma- (2), if a person participates only in a single under paragraph (1) shall define ‘primary farming operation and receives, directly or control’ to include a joint operation or mul- jority in the Senate hasn’t been enough indirectly, any payment or gain covered by tiple entity in which a person owns an inter- to protect this issue in conference. But this section through the farming operation, est that is equal to or greater than the inter- times are clearly changing thanks to the total amount of payments or gains (as est of any other 1 or more persons that mate- the President’s support for payment applicable) covered by this section that the rially participate on a regular, substantial, limits in his budget proposal. person may receive during any crop year and continuous basis in the management of The legislation we are introducing may be up to but not exceed twice the appli- the operation or entity.’’. today adopts the President’s proposed cable dollar amounts specified in subsections SEC. 3. SCHEMES OR DEVICES. cap of $250,000, while maintaining other (b), (c), and (d). Section 1001B of the Food Security Act of concepts from S. 667 that the President ‘‘(2) INDIVIDUALS.—The total amount of 1985 (7 U.S.C. 1308–2) is amended— payments or gains (as applicable) covered by (1) by inserting ‘‘(a) IN GENERAL.—’’ before has embraced like limiting the subter- this section that an individual person may ‘‘If’’; and fuge surrounding the three-entity rule, receive during any crop year may not exceed (2) by adding at the end the following: curtailing the use of generic certifi- $250,000. ‘‘(b) FRAUD.—If fraud is committed by a cates, and developing a measurable ‘‘(i) SPOUSE EQUITY.—Notwithstanding sub- person in connection with a scheme or device standard to determine who should and sections (b) through (d), except as provided to evade, or that has the purpose of evading, should not be receiving farm subsidies. in subsection (e)(2)(C)(i), if an individual and section 1001, 1001A, or 1001C, the person shall I look forward to working with Sen- spouse are covered by subsection (e)(2)(C) be ineligible to receive farm program pay- and receive, directly or indirectly, any pay- ments (as described in subsections (b), (c), ator DORGAN again on this issue. With and (d) of section 1001 as being subject to the President’s support I believe we ment or gain covered by this section, the total amount of payments or gains (as appli- limitation) applicable to the crop year for will have success. cable) covered by this section that the indi- which the scheme or device is adopted and I ask unanimous consent, that the vidual and spouse may jointly receive during the succeeding 5 crop years.’’. text of the bill be printed in the any crop year may not exceed twice the ap- SEC. 4. REGULATIONS. RECORD. plicable dollar amounts specified in sub- (a) IN GENERAL.—The Secretary of Agri- There being no objection, the bill was sections (b), (c), and (d). culture may promulgate such regulations as ordered to be printed in the RECORD, as ‘‘(j) REGULATIONS.— are necessary to implement this Act and the follows: ‘‘(1) IN GENERAL.—Not later than 270 days amendments made by this Act. after the date of enactment of this sub- (b) PROCEDURE.—The promulgation of the S. 385 section, the Secretary shall promulgate reg- regulations and administration of this Act Be it enacted by the Senate and House of Rep- ulations— and the amendments made by this Act shall resentatives of the United States of America in ‘‘(A) to ensure that total payments and be made without regard to— Congress assembled, gains described in this section made to or (1) the notice and comment provisions of SECTION 1. SHORT TITLE. through joint operations or multiple entities section 553 of title 5, United States Code; This Act may be cited as the ‘‘Rural Amer- under the primary control of a person, in (2) the Statement of Policy of the Sec- ica Preservation Act’’. combination with the payments and gains retary of Agriculture effective July 24, 1971 SEC. 2. PAYMENT LIMITATIONS. received directly by the person, shall not ex- (36 Fed. Reg. 13804), relating to notices of Section 1001 of the Food Security of 1985 (7 ceed twice the applicable dollar amounts proposed rulemaking and public participa- U.S.C. 1308) is amended— specified in subsections (b), (c), and (d); tion in rulemaking; and (1) in subsection (b)(1), by striking ‘‘(B) in the case of a person that in the ag- (3) chapter 35 of title 44, United States ‘‘$40,000’’ and inserting ‘‘$20,000’’; gregate owns, conducts farming operations, Code (commonly known as the ‘‘Paperwork (2) in subsection (c)(1), by striking or provides custom farming services on land Reduction Act’’). ‘‘$65,000’’ and inserting ‘‘$30,000’’; with respect to which the aggregate pay- (c) CONGRESSIONAL REVIEW OF AGENCY (3) in subsection (d), by striking ‘‘(d)’’ and ments exceed the applicable dollar amounts RULEMAKING.—In carrying out this section, all that follows through the end of paragraph specified in subsections (b), (c), and (d), to the Secretary shall use the authority pro- (1) and inserting the following: attribute all payments and gains made on vided under section 808 of title 5, United ‘‘(d) LIMITATIONS ON MARKETING LOAN crops produced on the land to— States Code. GAINS, LOAN DEFICIENCY PAYMENTS, AND ‘‘(i) a person that rents land as lessee or By Mr. HAGEL (for himself, Mr. COMMODITY CERTIFICATE TRANSACTIONS.— lessor through a crop share lease and re- ‘‘(1) LOAN COMMODITIES.—The total amount ceives a share of the payments that is less ALEXANDER, Mr. CRAIG, and of the following gains and payments that a than the usual and customary share of the Mrs. DOLE): person may receive during any crop year crop received by the lessee or lessor, as de- S. 386. A bill to direct the Secretary may not exceed $75,000: termined by the Secretary; of State to carry out activities that ‘‘(A)(i) Any gain realized by a producer ‘‘(ii) a person that provides custom farm- promote the adoption of technologies from repaying a marketing assistance loan ing services through arrangements under that reduce greenhouse gas intensity in for 1 or more loan commodities under sub- which— developing countries, while promoting title B of title I of the Farm Security and ‘‘(I) all or part of the compensation for the economic development, and for other Rural Investment Act of 2002 (7 U.S.C. 7931 et services is at risk; seq.) at a lower level than the original loan ‘‘(II) farm management services are pro- purposes; to the Committee on Foreign rate established for the loan commodity vided by— Relations. under that subtitle. ‘‘(aa) the same person; ‘‘(ii) In the case of settlement of a mar- ‘‘(bb) an immediate family member; or By Mr. HAGEL (for himself, Mr. keting assistance loan for 1 or more loan ‘‘(cc) an entity or individual that has a ALEXANDER, Mr. CRAIG, and commodities under that subtitle by for- business relationship that is not an arm’s Mrs. DOLE):

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2005 CONGRESSIONAL RECORD — SENATE S1427 S. 387. A bill to amend the Internal It focuses on the role of technology, countries are exempt from the Kyoto Revenue Code of 1986 to provide tax in- private and public partnerships, and obligations, leaving more than 30 de- centives for the investment in green- developing countries. veloped countries to address green- house gas intensity reduction projects, Any climate policy initiative must house gas emissions. Developing na- and for other purposes; to the Com- include clear metrics that recognize tions are becoming the major emitters mittee on Finance. the links between energy, the econ- of greenhouse gases, but they are ex- omy, and the environment. Too often empted from the Kyoto Protocol. By Mr. HAGEL (for himself, Mr. these policies are considered in vacu- A recent Congressional Budget Of- ALEXANDER, Mr. CRAIG, and ums. It is a global issue. fice—CB0—report explains that devel- Mrs. DOLE): Bringing in the private sector and oping countries are projected within S. 388. A bill to amend the Energy creating incentives for technological the next 20 years to account for two- Policy Act of 1992 to direct the Sec- innovation will be critical to real thirds of the growth in carbon dioxide retary of Energy to carry out activities progress on global climate policy. I be- emissions as their populations and that promote the adoption of tech- lieve that greenhouse gas intensity, or economies expand. There are reasons nologies that reduce greenhouse gas in- the amount of carbon emitted relative for this. tensity and to provide credit-based fi- to economic output, is the best meas- Developing nations cannot achieve. nancial assistance and investment pro- urement for dealing with climate greenhouse gas reductions until they tection for projects that employ ad- change. achieve higher standards of living. vanced climate technologies or sys- Greenhouse gas emission intensity is They lack clean energy technology and tems, to provide for the establishment the measurement of how efficiently a they cannot absorb the economic im- of a national greenhouse gas registry, nation uses carbon emitting fuels and pact of the changes necessary for emis- and for other purposes; to the Com- technology in producing goods and sions reductions. New policies will re- mittee on Energy and Natural Re- services. It captures the links between quire recognition of the limitations of sources. energy efficiency, economic develop- developing nations to meet these Mr. HAGEL. Mr. President, on ment, and the environment. standards, and the necessity of includ- Wednesday, the U.N. Global Climate The first bill, the Climate Change Treaty known as the Kyoto Protocol ing them in any successful future ini- Technology Deployment in Developing will enter into force, requiring more tiative. Countries Act, provides the Secretary Because Kyoto does not include de- than 30 industrialized nations to sig- of State with new authority for coordi- veloping countries, its approach is un- nificantly cut manmade greenhouse nating assistance to developing coun- realistic. Any reduction in greenhouse gas emissions by 2012. I rise today to introduce three pieces tries for projects and technologies that gas emissions by the United States and of legislation which I believe can help reduce greenhouse gas intensity. other developed countries will soon be contribute to a new domestic and It supports the development of a U.S. eclipsed by emissions from developing international consensus on climate global climate strategy to expand the nations, such as China, which will soon change. This legislation builds upon role of the private sector, develop pub- be the world’s largest emitter of man- three principles: the need for shared re- lic-private partnerships, and encourage made greenhouse gases. sponsibilities between developed and the deployment of greenhouse gas re- It is in the shared interests of the developing countries; the linkages be- ducing technologies in developing United States and industrialized na- tween environmental, economic, and countries. This bill directs the Sec- tions to help developing countries by energy policies; and the employment of retary of State to engage global cli- sharing cleaner technology. Developing greenhouse gas intensity as the best mate change as a foreign policy issue. countries can then ‘‘leapfrog’’ over the measurement upon which to build an It directs the U.S. Trade Representa- highly polluting stages of development effective climate policy. tive to negotiate the removal of trade- that countries like the U.S. have al- I thank Senators ALEXANDER, CRAIG, related barriers to the export of green- ready been through. and DOLE for their support and for house gas intensity reducing tech- My legislation includes tax incen- agreeing to cosponsor these bills, nologies, and establishes an inter-agen- tives for American businesses to work which are titled: The Climate Change cy working group to promote the ex- with foreign countries to help develop Technology Deployment in Developing port of greenhouse gas intensity reduc- clean energy projects and fuel-efficient Countries Act; The Climate Change ing technologies and practices from the technologies. Technology Deployment Act; and, The United States. Our second bill, the Climate Change Climate Change Technology Tax Incen- The legislation authorizes fellowship Technology Deployment Act, supports tives Act. and exchange programs for foreign offi- establishing domestic public-private Global climate policy affects the cials to visit the United States and ac- partnerships for demonstration proj- world’s economic, energy, and environ- quire the expertise and knowledge to ects that employ greenhouse gas inten- mental policies. These circles of inter- reduce greenhouse gas intensity in sity reduction technologies. Our plan est in policy are interconnected. Cli- their countries. Current international provides credit-based financial assist- mate change does not recognize na- approaches to global climate change ance and investment protection for tional borders. It is a shared responsi- overlook the role of developing coun- American businesses and projects that bility for all nations. Dealing with tries as part of either the problem or deploy advanced climate technologies global climate policy requires a level of the solution. or systems. Federal financial assist- diplomatic intensity and coordination In July 1997, months before the Pro- ance includes direct loans, loan guar- worthy of the magnitude of the chal- tocol was signed, the Senate unani- antees, standby interest coverage, and lenge. mously passed. S. Res. 98, the Byrd- power production incentive payments. We all agree on the need for a clean Hagel Resolution, which called on the We are most successful in con- environment and stable climate. The President not to sign any treaty or fronting the most difficult issues when debate is about solutions. The question agreement in Kyoto unless two condi- we draw on the strength of the private we face is not whether we should take tions were met. sector. Public-private partnerships action, but what kind of action we First, the United States should not meld together the institutional lever- should take. be party to any legally binding obliga- age of the government with the innova- Climate change initiatives should in- tions on greenhouse gas emission re- tion of industry. clude commitments to research and de- ductions unless developing country, This bill directs the Secretary of En- velopment, technology, and a more ef- parties are required to meet the same ergy to lead an inter-agency process to ficient and productive use of energy standards. Second, the President develop and implement a national cli- and resources. should not sign any treaty that ‘‘would mate strategy provided by the Office of My climate change legislation au- result in serious harm to the economy Science and Technology Policy. It es- thorizes new programs, policies, and in- of the United States.’’ tablishes a Climate Coordinating Com- centives to address the reduction of Kyoto does not meet either of these mittee and Climate Credit Board to as- greenhouse gas emissions. conditions. As it stands, developing sess, approve, and fund these projects.

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1428 CONGRESSIONAL RECORD — SENATE February 15, 2005 Our third bill, the Climate Change years ago it was that I, as the freshman wiser measure of progress because it Technology Tax Incentives Act, chairman of the Republican Policy complements, rather than conflicts amends the tax code to provide incen- Committee, turned to CHUCK to see if with, a nation’s goal of growing its tives for investment in climate change he could bring Senators together in a economy and meeting the needs and as- technology. It also expresses our sup- bipartisan way on what we believed at pirations of its people. port for making permanent the current the moment—and we still believe Too much attention is being paid to research and development tax credit, today—was a critically important issue the mandatory nature of Kyoto. Too which otherwise expires on December to be addressed. little results are being achieved. It is 31, 2005. An article in the Wall Street Out of that effort grew the Hagel- very interesting to note that most of Journal on February 4, 2005, reported Byrd resolution which passed this body the countries that ratified Kyoto will on the potential for ‘‘geologic storage’’ by an overwhelming vote, and was a not meet the greenhouse gas reduction of carbon dioxide as a means to dra- very clear message to America—and to targets by the deadlines required by matically reduce carbon dioxide emis- the world—on what we believed was Kyoto. Indeed, when I and Senator sions. necessary and important if we were to CRAIG THOMAS and Congressman JOE Geologic storage involves pumping responsibly and effectively engage in BARTON were in Buenos Aires at the carbon dioxide into the ground, rather the debate of climate change outside COP–10 conference in December, many than dumping it into the atmosphere. and well beyond the Kyoto protocol. nations were quietly acknowledging BP has been using geologic storage in The legislation Senator HAGEL brings that they could not get to where they Algeria’s Sahara Desert and Statoil to the floor today, of which I am proud promised they would get, and, in fact, has been working on this in Norway’s to be a cosponsor, is what I believe is a some have even suggested that by 2012 North Sea. Chevron Texaco is planning needed and necessary next step to work they would find it incumbent upon a project off the coast of Australia. cooperatively with this administration themselves and their nations to back The article reports that: and with countries around the world to out of Kyoto. However, all still recog- the concept is drawing growing interest be- begin to recognize all that is the make- nize the importance of this issue, un- cause it could curb global warming more up of this issue. derstanding it, and clearly defining it. quickly than switching to alternative energy Our policy must recognize the legiti- What Senator HAGEL’s legislation sources or cutting energy use. mate needs of our bilateral trading does is shape for us a variety of things There is still much work to be done. partners to use their resources to meet that are already underway, while still But this kind of technology that was the needs of their people. Yet, at the allowing us clearly to define them and described in the Wall Street Journal same time, the initial debate basically to say, both here at home with our do- article is the kind of technology that suggested that if in fact human in- mestic policy as well as internation- must be employed around the world to volvement in the climate of the world ally, that we mean what we say and we achieve results in reducing greenhouse was changing the climate of the world, mean what we do. gas emissions. My legislation would the only way you could save the cli- The United States is currently spend- support more of this type of activity. mate was to turn the lights out. It did ing in excess of $5 billion annually in The American people and all global not address the human need. It did not scientific and technological initiatives. citizens need to better understand address the economic growth that was When we were in Buenos Aires, I was global climate change, its connections critically necessary at that time. That very proud to stand before my col- to our economic and energy policies, is why our country pushed back and leagues from around the world and be- and what the realistic options are for said no, we would not ratify Kyoto; fore nongovernmental organizational addressing this challenge. Any rec- that we would go much further than groups and state that the United ommendations regarding climate pol- that in bringing about the changes States is spending more on this issue, icy must meet the demands of eco- that were necessary and that this ad- in both advances in science and techno- nomic growth and development, espe- ministration engaged in. logical change, than the rest of the cially in the developing world. This This legislation does a great deal world combined times two. Then I re- will require a market-driven, tech- more toward recognizing the need for minded them that all that we do, they nology-based approach that com- bringing resources together. could have also: that our technology plements the world’s environmental in- Senator HAGEL has made clear the would be in the world, that our science terests, and connects the public and other important things this legislation would be available to them, and that to private sectors. will do. Above all, this legislation is a work our way out of or to change the Achieving reductions in greenhouse true acknowledgment that climate var- character of our economies without gas emissions is one of the important iability and change is a top priority as damaging those economies would in challenges of our time. America has an an issue for the United States—and for large part be the responsibility of new opportunity and a responsibility for all nations—to be involved in. technologies. global climate policy leadership. But it There can be an honest debate about This legislation does not pick one is a responsibility to be shared by all whether the United States should do technology over another or one energy nations. I look forward to working more or whether too much reliance is source over another. That has always with my colleagues in the Congress, being placed on voluntary initiatives, been the debate. Somehow we had to go the Bush administration, the private but to claim that the United States is around and selectively turn out the sector, public interest groups, and not acting seriously reflects, at best, a lights if we were going to change the America’s allies on achievable climate lack of knowledge or, at worst, polit- climate around us. We knew that was change policy. ical posturing. not acceptable to the developing world By harnessing our many strengths, An objective review of Government and in large part that is why the devel- we can help shape a worthy future for and private sector programs to reduce oping world would not come along. all people, and build a better world. increases in greenhouse gas now and in How can you deny a country the right I yield the floor. the future would have to conclude that to use its resources for the economic, The PRESIDING OFFICER. The Sen- the United States is doing at least as humanitarian, and health benefits of ator from Idaho. much, if not more, than countries that its people? You cannot do that. Nor Mr. CRAIG. Mr. President, I am are part of the Kyoto Protocol which should we be engaged in trying to do pleased to be on the floor at this mo- will go into effect tomorrow. The best that. ment to join my colleague CHUCK evidence of this is our domestic rate of What we can do as a developed and HAGEL in the introduction of legisla- improvement in greenhouse gas inten- advanced Nation is offer up exactly tion that he has put together out of a sity relative to the improvements what we are doing; offer up what the variety of avenues of interest and im- other countries are making. Hagel legislation brings together. That portance to deal with the issue of cli- The term I just used, ‘‘greenhouse is all we are doing now, and advancing mate change, a issue in which he and I gas intensity,’’ is defined in legislation and incentivizing, through this legisla- have been engaged for a good long as the ratio of greenhouse gas emis- tion, countries to do more in the area while. I am not quite sure how many sions to economic output. This is a far of technology.

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2005 CONGRESSIONAL RECORD — SENATE S1429 These programs are designed to ad- Mr. ALEXANDER. Mr. President, I four-sixths or five-sixths or six-sixths, vance our state of knowledge, accel- salute Senator HAGEL for his leadership as they will, there will be an unbeliev- erate the development and the deploy- and his contribution on this issue. I am able demand for energy in this country. ment of energy technologies, aid devel- glad to be here with my colleague, Sen- We are already seeing it in the prices oping countries in using energy more ator CRAIG, who is one of the Senate’s for natural gas, in the prices for oil. efficiently, and achieve an 18-percent real authorities on energy. The figures we heard in our Energy reduction in energy intensity by 2012— We have had some trouble passing an Committee were that over the next 25 a phenomenally responsive goal and energy bill in the Senate. We are hav- years—and my numbers are approxi- something we clearly can take to the ing some trouble passing a clean air mate—China might build 650 new coal world community. bill in the Senate. If we are being log- plants to begin to supply its energy, Our administration today in a series ical—which is hard for a Senate to be— and India might build 800. That does of bilateral agreements is working with we would set clean air objectives and not count the rest of Southeast Asia or other countries to help them get to pass a clean energy bill to help reach what Brazil might do. So we cannot where we want and where they want to that objective, do it at once, and give just look at this issue in terms of what get, and for the sake of the environ- ourselves a low cost, reliable supply of is happening in the United States. ment, where we all want us all to go. energy, less dependent on the rest of If there is not a supply of energy, and I was extremely proud sitting in dif- the world, and do it in a way that is en- the other countries are demanding so ferent forums in Buenos Aires to see vironmentally sound. much, our prices will be so high that the United States talk about the lead- That is our objective. We have dif- our million chemical jobs in the coun- ership role it has taken and the bilat- ferent approaches on this, but Senator try will move overseas looking for cheap natural gas. And it will not eral partnerships it has agreed to, and HAGEL has put his emphasis today ex- make much difference how we clean all the things that we can help with in actly where it needs to be. The United the air in the United States of America the world of change today. It is clearly States of America is a country that has if China and India and Brazil build so to our advantage and to the advantage about a third of all the GDP in the many old coal plants and throw stuff of the world at large. world. We have 5 to 6 percent of the up in the air because it will blow What Senator HAGEL has effectively people and a third of all the money is around the world and come over here. done today is to get our arms around one way to put it. So we have, on two counts, a major, How did we get that money? How did this issue to try to more directly define major challenge: energy supply and we get our position? The National it, and to show that we are sensitive to clean air. It would make enormous Academy of Sciences says that since it; that we are responding to the issue sense for the scientists and engineers World War II, half our new jobs have as clearly as our administration has in the United States to work with the come from advances in science and and continues to do. scientists and engineers in Germany technology. There are other countries Domestically, the United States has who have exactly the same challenge in the world—a growing number of and continues to make world leading and the scientists and engineers in countries—that have great capacity for investments in climate change science China who have even more of a chal- science and technology. Some of the technology. The United States has also lenge. They have just stopped 26 of implemented a wide range of national greatest scientists and engineers who their coal plants because of environ- greenhouse control initiatives, cash se- have worked in this country have come mental concerns, but they will not be questration programs, and inter- from other countries in the world. But able to stop them for long because of national collaborative programs. All of if any country in the world ought to be their need for an energy supply. those are bound up within the putting a focus on science and tech- What the Senator from Nebraska has bilaterals I have talked about that we nology as a way of helping not just done is to say to us, hey, we are talk- are engaged in. their country but the rest of the world ing about mandates and rules and regu- The legislation we have introduced deal with the issue of greenhouse gases, lations, but what we ought to be trying today furthers all of these goals. it ought to be the United States of to do is to create a solution to the President Bush has consistently ac- America. Senator HAGEL is exactly problem using the thing that we in the knowledged how human activity can right to put the spotlight there. He United States do better than anybody, affect our climate, and that the cli- does it in a three-part bill. In the first or historically have, and that is our mate variability does not recognize na- part, he talks about international co- science and technology. This is the tional borders. The key issue is not operation. That also makes a lot of country with the 50 great research uni- whether there is any human-influenced sense. versities. This is the country with the effect. Instead, the issues are how large Three weeks ago, I was visiting with 20 National Laboratories. The Oak any human influence may be as com- the chairman of one of the largest en- Ridge National Laboratory, in my pared to natural variability; how cost- ergy companies in Germany. If there is home State, is already doing important ly and how effective human interven- a country in the world that has a more work on how we recapture carbon. tion may be in reversing climate varia- irrational energy policy than we do, it One of the things we can do in the bility; and how and what technology would be Germany. They have just de- Senate, without arguing about Kyoto, may be required over the near and the cided to close 19 nuclear powerplants at without arguing about mandates, is to long term as determined by develop- the same time, across the Rhine river, say, let’s see if we can—through tech- ments in climate science. France is 85 percent nuclear power. Of nology, working with people in other As I said, there can be a legitimate course, Germany will never do that be- parts of the world, and encouraging our debate about whether more can be done cause they will not be able to meet the own businesses and laboratories—find while meeting our Nation’s economic Kyoto carbon standards if they close better ways to deal with greenhouse objectives. I, for one, support doing the plants. But the point that my gases. I salute the Senator for that. I more in the areas of technological de- friend from Germany was making is am glad to have a chance to be associ- velopment to help lift developing coun- that we are headed, in his words, to- ated with this bill. tries from the depths of their plights ward an energy catastrophe. Now, the second thing I would like to and to advance their cause as we ad- It is a catastrophe of two kinds. One say is that is not all there is to do. We vance ours. That is why I am proud to is energy supply, and one is clean air. have different opinions in this body be working with my colleagues in the Now, why is that? It is because other about so-called global warming. I be- Senate. I thank Senator HAGEL, Sen- countries in the world are growing. In lieve, of course, there is global warm- ator ALEXANDER, Senator DOLE, and China, the average Chinese person uses ing. Our grandparents can tell us that. others for the hard work they have put about one-sixth the amount of energy The question, as Senator CRAIG said, is, in and the cooperative effort reflected that the average person in the Euro- What is causing it? And do we know in the bill introduced this afternoon. pean Union uses, in the 15 original enough about it to take steps? We have I yield the floor. countries. Now, in China, when the av- different opinions about that issue. The PRESIDING OFFICER. The Sen- erage Chinese person, with all the peo- That does not mean we are all uncon- ator from Tennessee. ple there, gets up to three-sixths or cerned about it; we just have different

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1430 CONGRESSIONAL RECORD — SENATE February 15, 2005 degrees of understanding of it and dif- It recaptures the carbon, which we Nationwide the statistics regarding ferent opinions about the evidence we have not really figured out how to do cigarette-related fires are startling. see. yet, but it does not just do that for the Cigarette-ignited fires account for an I have a little different opinion than United States, it shows the rest of the estimated 140,800 fires in the United the Senator from Idaho. I support leg- world how to do it. And then China, in- States, representing the most common islation that Senator CARPER and Sen- stead of building 800 new coal plants ignition source for fatal home fires and ator CHAFEE and Senator GREGG and I with the old technology, will build 800 causing 30 percent of the fire deaths in supported in the last session of Con- coal gasification plants and recapture the United States. Such fires cause gress that put modest caps on the utili- the carbon. India will do the same, and more than 900 deaths and 2,400 injuries ties section for the production of car- maybe Germany will do the same. every year. Annually, more than $400 bon. I was not willing to go further There will be more energy, and we will million in property damage is reported than that because of the science I read all be able to breathe. And that is quite due to a fire caused by a cigarette. Ac- and I’m not sure we know exactly how irrespective of mandatory caps. cording to the National Fire Protec- to solve this problem. My reading of it One of the things I like about Sen- tion Association, one out of every four did not persuade me, one, that we know ator HAGEL’s proposal is there is not fire deaths in the United States are at- all that we need to know about global any way to study the technology of tributed to tobacco products—by far warming; and, two, maybe more impor- how we deal with greenhouse gases the leading cause of fatal home fires in tantly, I was not sure we knew what we without getting into questions of coal the United States. Overall, the Con- were doing by just saying, OK, we will gasification and the recapturing of car- sumer Product Safety Commission es- do this, and without having the solu- bon. There is not any way to do that. timates that the cost of the loss of tion. He is leading us to the tantalizing pos- human life and personal property from Again, Senator HAGEL has suggested, sibility that in the United States we not having a fire-safe cigarette stand- well, let’s come up with some tech- might one day be able to say: We are ard is approximately $4.6 billion per nology. Let’s come up with some the Saudi Arabia of coal. We have 500 year. science. And then we can make a better years’ worth of it. We can turn it into In my State of Illinois, cigarette-re- assessment about what we would be gas. We can recapture the carbon. We lated fires have also caused too many able to do if we were to put a cap on it. can use that to create the hydrogen for senseless tragedies. In 1998 alone, the I would suggest that in addition to the hydrogen economy that we think most recent year for which we have Senator HAGEL’s technology that he might one day be down the road, and data, there were more than 1,700 ciga- encourages in his legislation—that is that, plus our supplies of natural gas rette-related fires, of which more than one way to do it—a second way to do it and nuclear power, will give us clean 900 were in people’s homes. These fires is with some kind of caps, and there energy and will give us clean air and led to 109 injuries and 8 deaths. are a variety of proposals in this body will show the world how to do the Tobacco companies spend billions on to do that. That also encourages, in my same. marketing and learning how to make opinion, technology. But then there is The Senator from Nebraska has put cigarettes appealing to kids. It is not also a third point to make, and that the spotlight where the spotlight ought unreasonable to ask those same compa- takes us out of the debate as to wheth- to be. The United States of America, of nies to invest in safer cigarette paper er it is a good idea or a bad idea to put all countries, should start with tech- to make their products less likely to on mandatory caps. nology and science and say: Green- bum down a house. As of today ciga- If China is going to build hundreds of house gases is a problem. We are still rettes are designed to continue burning coal-fired powerplants and India is researching how much of a problem it when left unattended. A common sce- going to build hundreds of coal-fired is. But we should, working with other nario is the delayed ignition of a sofa powerplants because that is the only countries, use our science and tech- or mattress by a lit cigarette dropped technology available to them and the nology to deal with it and, in the proc- by a smoker. only source of fuel they have readily ess, see if it can lead us toward that The Fire Safe Cigarette Act of 2005 available, then we had better get busy brilliant intersection of clean energy requires the Consumer Product Safety trying to figure out a way to recapture and clean air that will one day give us Commission to promulgate a fire safe- carbon—not to comply with the Kyoto a steady supply of energy and clean air ty standard, specified in the legisla- Treaty, but because we are going to that we can breathe. tion, for cigarettes. The CPSC would have to have it in this world. Any real- I salute the Senator for his leader- also have the authority to regulate the istic look at the sources of energy in ship and am glad to be a cosponsor. I ignition propensity of cigarette paper the world says that for the next 20 or 25 look forward to working with him. As for roll-your-own tobacco products. years, nuclear power, natural gas, oil, chairman of the Senate subcommittee The Act gives the Consumer Product and coal will be almost all of it. on energy, we have some jurisdiction Safety Commission authority over There is a lot of support for renew- over global warming as well as energy cigarettes only for purposes of imple- able energy. Some people want to put technology commercialization. Senator menting and enforcing compliance up wind turbines taller than football Domenici, chairman of our full com- with this Act and with the standard fields covering square miles. I do not. I mittee, had a full roundtable the other promulgated under the Act. It also al- think that destroys the American land- day on natural gas. We have one com- lows states to pass more stringent fire- scape, and it does not produce much ing up on coal and coal gasification. I safety standards for cigarettes. energy. can assure my colleagues that the Two decades ago Joe Moakley set out But one of the most thoughtful pres- Hagel legislation will be an important to ensure that the tragic cigarette- entations I have heard on the solution part of that roundtable. I will do my caused fire that killed five children and to our common issues of clean energy best to make it an important part of their parents in Westwood, MA was not and clean air has come from the Na- energy hearings. repeated. He introduced three bills, two tional Resources Defense Council, one of which passed. One commissioned a of the leading environmental organiza- By Mr. DURBIN: study that concluded it was technically tions in this country. They are in favor S. 389. A bill to provide for fire safety feasible to produce a cigarette with a of a coal solution—I hope I am attrib- standards for cigarettes, and for other reduced propensity to start fires. The uting this correctly to them—of a coal purposes; to the Committee on Com- second required that the National In- solution for our clean air, clean energy merce, Science, and Transportation. stitute of Standards and Technology policy. A big part of their reasoning is, Mr. DURBIN. Mr. President, I rise develop a test method for cigarette fire they see what is happening in the rest today to introduce the Fire Safe Ciga- safety, and the last and final bill, the of the world. If the United States, they rette Act of 2005. Last year the State of Fire-Safe Cigarette Act of 1999, man- reason, can figure out a way to gasify New York enacted a bold new law. As dates that the Consumer Product Safe- coal and then recapture the carbon, of June 2004, all cigarettes sold in the ty Commission use this knowledge to that gets rid of most of the noxious State are tested for fire safety and re- regulate cigarettes with regard to fire pollutants—sulfur, nitrogen, mercury. quired to self-extinguish. safety.

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2005 CONGRESSIONAL RECORD — SENATE S1431 Today I respectfully introduce this established by the Commission, the Commis- (1) set forth by the State of New York in bill to bring fire-safe standards to all sion may approve the method and standard the New York standard; or cigarettes sold in this country. I hope and the manufacturer of such cigarette may (2) promulgated by any State that is more that the Commerce Committee will employ such test method and performance stringent than the fire safety standard for standard to certify the cigarette pursuant to cigarettes established under this section. consider this legislation very soon and rules prescribed by this Act. (b) PRIVATE REMEDIES.—The provisions of that my Colleagues will join me in sup- (3) COMMISSION.—In this Act, the term section 25 of the Consumer Product Safety porting this effort. Now that New York ‘‘Commission’’ means the Consumer Product Act (15 U.S.C. 2074) shall apply with respect serves as an example of success, it is Safety Commission. to the fire safety standard promulgated time to establish a national standard (b) PROCEDURE.— under section 3(a) of this Act. to ensure that our Nation’s children, (1) IN GENERAL.—The rule under subsection SEC. 5. SCOPE OF JURISDICTION OF CONSUMER elderly and families are protected. (a), and any modification thereof, shall be PRODUCT SAFETY COMMISSION. Except as otherwise provided in this Act, I ask unanimous consent that the prescribed in accordance with section 553 of title 5, United States Code. the Commission shall have no jurisdiction text of the bill be printed in the (2) MODIFICATIONS.— over tobacco or tobacco products. RECORD. (A) MODIFICATION BY SPONSOR.—If the spon- SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There being no objection, the bill was sor of the testing methodology used under (a) AUTHORIZATION OF APPROPRIATIONS.— ordered to be printed in the RECORD, as subsection (a)(2) modifies the testing meth- There is authorized to be appropriated to the follows: odology in any material respect, the sponsor Consumer Product Safety Commission for S. 389 shall notify the Commission of the modifica- fiscal year 2006, $2,000,000 for purposes of car- tion, and the Commission may incorporate rying out this Act. Be it enacted by the Senate and House of Rep- the modification in the rule prescribed under (b) AVAILABILITY.—Amounts appropriated resentatives of the United States of America in subsection (a) if the Commission determines pursuant to subsection (a) shall remain Congress assembled, that the modification will enhance a fire available until expended. SECTION 1. SHORT TITLE. safety standard established under subsection This Act may be cited as the ‘‘Cigarette (a)(2). By Mr. DODD (for himself and Fire Safety Act of 2005’’. (B) MODIFICATION BY COMMISSION.—The Mr. BUNNING): SEC. 2. FINDINGS. Commission may modify the rule prescribed S. 390. A bill to amend title XVIII of The Congress makes the following findings: under subsection (a), including the test re- the Social Security Act to provide for (1) Cigarette ignited fires are the leading quirements specified in subsection (a)(2), in coverage of ultrasound screening for cause of fire deaths in the United States. whole or in part, only if the Commission de- abdominal aortic aneurysms under part (2) In 1999 there were 807 deaths from ciga- termines that compliance with such modi- B of the medicare program; to the rette ignited fires, 2,193 civilian injuries fication is technically feasible and will en- from such fires, and $559,100,000 in property hance a fire safety standard established Committee on Finance. damage caused by such fires. under that subsection. Any such modifica- Mr. DODD. Mr. President, I come to (3) Nearly 100 children are killed each year tion shall not take effect earlier than 3 years the floor today, along with my col- from cigarette related fires. after the date on which the rule is first league Senator JIM BUNNING, to intro- (4) For over 20 years former Member of issued. duce the Screening Abdominal Aortic Congress Joseph Moakley worked on behalf (3) INAPPLICABILITY OF CERTAIN LAWS.— Aneurysms Very Efficiently SAAAVE of burn victims, firefighters, and every indi- (A) IN GENERAL.—No Federal law or Execu- Act of 2005. This important legislation vidual who has lost a loved one in a fire. By tive order, including the laws listed in sub- would provide Medicare coverage for securing enactment of the Cigarette Safety paragraph (B) but not including chapters 5, 6, screening for a dangerous condition Act of 1984 and the Fire Safe Cigarette Act of 7, and 8 of title 5, United States Code, com- 1990, Joseph Moakley completed the nec- monly referred to as the Administrative Pro- known as abdominal aortic aneurysm— essary technical work for a cigarette fire cedures Act, may be construed to apply to or AAA. safety standard and paved the way for a na- the promulgation of the rule required by sub- The SAAAVE Act is designed to save tional standard. section (a), or a modification of the rule the lives of those suffering from ab- (5) It is appropriate for the Congress to re- under paragraph (2) of this subsection. dominal aortic aneurysms, a silent quire by law the establishment of a cigarette (B) INCLUDED LAWS.—The Federal laws re- killer that claims the lives of 15,000 fire safety standard for the manufacture and ferred to in subparagraph (A) include the fol- Americans each year. AAAs occur importation of cigarettes. lowing: when there is a weakening of the walls (i) The Consumer Product Safety Act (15 (6) A recent study by the Consumer Prod- of the aorta, the body’s largest blood uct Safety Commission found that the cost U.S.C. 2051 et seq.). of the loss of human life and personal prop- (ii) Chapter 6 of title 5, United States Code. vessel. This artery begins to bulge, erty from not having a cigarette fire safety (iii) The National Environmental Policy most often very slowly and without standard is $4,600,000,000 per year. Act of 1969 (42 U.S.C. 4321 et seq.). symptoms, and can lead to rupture and (7) It is appropriate that the regulatory ex- (iv) The Small Business Regulatory En- severe internal bleeding. AAA is a dev- pertise of the Consumer Product Safety forcement Fairness Act of 1996 (Public Law astating condition that is often fatal Commission be used to implement a ciga- 104–121), and the amendments made by that without detection, with less than 15 rette fire safety standard. Act. percent of those afflicted with a rup- SEC. 3. CIGARETTE FIRE SAFETY STANDARD. (c) EFFECTIVE DATE.—The Commission shall specify in the rule prescribed under tured aorta surviving. Estimates indi- (a) IN GENERAL.— cate that 2.7 million Americans suffer (1) REQUIREMENT FOR STANDARD.—Not later subsection (a) the effective date of the rule. than 18 months after the date of the enact- The effective date may not be later than 24 from AAA. ment of this Act, the Commission shall, by months after the date of the enactment of With introduction of this important rule, prescribe one or more fire safety stand- this Act. legislation, Congress recognizes ab- ards for cigarettes that, except as provided (d) TREATMENT OF STANDARD.— dominal aortic aneurysm screening as in this Act, are substantively the same as (1) IN GENERAL.—The fire safety standard essential to stopping its deadly effects. the standards set forth by the State of New promulgated under subsection (a) shall be Research indicates that when detected York in Part 429 of Title 18 of the Official treated as a consumer product safety stand- before rupturing, AAAs are treatable Compilation of Codes, Rules and Regulations ard promulgated under the Consumer Prod- uct Safety Act (15 U.S.C. 2051 et seq.), except and curable in 95 percent of the cases. of the State of New York, as promulgated on And while most AAAs are never diag- December 31, 2003 (in this Act referred to as as provided in section 4. the ‘‘New York standard’’), including the Ap- (2) TREATMENT OF CIGARETTES.—A cigarette nosed, nearly all can be detected pendix to such Part. shall be treated as a consumer product under through an inexpensive and painless (2) CIGARETTES WITH UNIQUE CHARACTERIS- section 3(a)(1)(B) of the Consumer Product screening. TICS.—In adapting section 4(c) of such Part Safety Act (15 U.S.C. 2052(a)(1)(B)) for pur- I am particularly pleased that the 429, if the Commission determines that a cig- poses of this Act and for purposes of sections U.S. Preventive Services Task Force arette, because of its unique or nontradi- 17 and 18 of the Consumer Product Safety recently recommended AAA screening tional characteristics, cannot be tested in Act (15 U.S.C. 2066, 2067). for all men between the ages of 65 and accordance with the test method prescribed SEC. 4. PREEMPTION. 75 that have ever smoked. This inde- by the Commission, the manufacturer of (a) IN GENERAL.—This Act, and any ciga- pendent panel of experts in primary such cigarette may propose a test method rette fire safety standard established or and performance standard for such cigarette. modified pursuant to section 3, may not be care and prevention concluded that If the Commission finds the proposed method construed to preempt or otherwise affect in screening for abdominal aortic aneu- and standard to be equivalent to the test any way any law or regulation that pre- rysms for this particularly vulnerable method and performance standard otherwise scribes a fire safety standard for cigarettes— population is especially important. The

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1432 CONGRESSIONAL RECORD — SENATE February 15, 2005 recognition of this screening measure screening benefit to Medicare so that Congress, founded the Congressional Black by this respected body makes perfectly people at risk for abdominal aortic an- Caucus; clear the lifesaving potential offered by eurysms could be tested. The test is Whereas on January 25, 1972, Chisholm an- AAA screening. simple. In fact, it’s just an ultrasound nounced her candidacy for President and be- For more than four decades the Medi- came the first African-American to be con- test, which is painless, non-invasive sidered for the presidential nomination by a care program has provided a literal and inexpensive. major national political party; lifeline for America’s seniors and indi- Medicare beneficiaries found to have Whereas although Chisholm did not win viduals with disabilities. However, for an abdominal aortic aneurysm could the nomination at the 1972 Democratic Na- far too long this valuable program— have surgery if needed or could simply tional Convention in Miami, she received the originally crafted only to provide need- be monitored by their doctors. votes of 151 delegates; ed care after an illness—failed to cover Early detection is the key to pre- Whereas Shirley Chisholm served 7 terms valuable preventive services. Recently, in the House of Representatives before retir- venting ruptures of these aneurysms ing from politics in 1982; though, Medicare has evolved to in- and preventing deaths. In fact, these clude a number of preventive measures, Whereas Shirley Chisholm was a dedicated aneurysms can be successfully treated member of Delta Sigma Theta Sorority and such as mammography and colorectal 95 percent of the time if they are de- received the sorority’s highest award, the screenings. With today’s introduction tected before rupturing. Mary Church Terrell Award, in 1977 for her of the SAAAVE Act, we again move The legislation also includes a na- political activism and contributions to the Medicare toward greater inclusion of tional educational and information Civil Rights Movement; Whereas Shirley Chisholm was a model lifesaving preventive measures. This campaign to get the word out about legislation reflects the changing atti- public servant and an example for African- the health risks associated with ab- tudes toward the value of preventive American women, and her strength and per- dominal aortic aneurysms. Too often, health care services and moves us to- severance serve as an inspiration for all peo- those with these aneurysms simply ple striving for change; and ward modernizing the Medicare pro- don’t know they have one until it rup- Whereas on January 1, 2005, Shirley Chis- gram to better meet the needs of its tures. The educational campaign re- holm died at the age of 80: Now, therefore, be more than 40 million beneficiaries. quires the Department of Health and it With enactment of the SAAAVE Act, Resolved, That the Senate— Human Services to focus their edu- instead of waiting to treat a ruptured (1) honors Shirley Chisholm for her service cation efforts not only on the general aorta, Medicare will now help high-risk to the Nation, her work to improve the lives public, but also among health care seniors avert this often-deadly disease of women and minorities, her steadfast com- mitment to demonstrating the power of com- through preventive and lifesaving practitioners as well. I am pleased we are introducing this passion, and her dedication to justice and screening. equality; and Lastly, I want to thank the legisla- bill today, and I look forward to work- ing with my colleague from Con- (2) expresses its deepest condolences to her tion’s chief sponsors in the House of family, friends, and supporters. necticut in getting it passed. Representatives, GENE GREEN and JOHN f SHIMKUS. Representatives GREEN and f SUBMITTED RESOLUTIONS SHIMKUS have been tireless advocates SUBMITTED RESOLUTIONS on behalf of patients suffering from ab- dominal aortic aneurysms and their de- SENATE CONCURRENT RESOLU- votion to modernizing the Medicare SENATE RESOLUTION 52—HON- TION 12—PROVIDING THAT ANY program to include greater preventive ORING SHIRLEY CHISHOLM FOR AGREEMENT RELATING TO services is truly admirable. I look for- HER SERVICE TO THE NATION TRADE AND INVESTMENT THAT ward to continuing working with my AND EXPRESSING CONDOLENCES IS NEGOTIATED BY THE EXECU- colleagues from the House to advance TO HER FAMILY, FRIENDS, AND TIVE BRANCH WITH ANOTHER the SAAAVE Act in the 109th Congress. SUPPORTERS ON HER DEATH COUNTRY MUST COMPLY WITH When Senator BUNNING and I first in- CERTAIN MINIMUM STANDARDS troduced this legislation in the last Mrs. CLINTON (for herself and Mr. Congress, we were joined by patients LEVIN) submitted the following resolu- Mr. FEINGOLD submitted the fol- who had suffered a ruptured aorta as tion; which was considered and agreed lowing concurrent resolution; which result of an AAA and their families. At to: was referred to the Committee on Fi- this event these patients shared with S. RES. 52 nance: us their harrowing and personal stories Whereas Shirley Chisholm was born Shir- S. CON. RES. 12 of battling this deadly condition. It is ley Anita St. Hill on November 30, 1924, in Whereas there is general consensus among because of struggles like theirs that we Brooklyn, New York, to Charles and Ruby the American public and the global commu- are here today at the outset of an ef- St. Hill, immigrants from British Guyana nity that, with respect to international and Barbados; trade and investment rules— fort to prevent abdominal aortic aneu- Whereas in 1949, Shirley Chisholm was a (1) global environmental, labor, health, rysms from advancing to the point of founding member of the Bedford-Stuyvesant food security, and other public interest rupture by providing coverage for a Political League; standards must be strengthened to prevent a simple yet lifesaving screening. Sim- Whereas in 1960, she established the Unity global ‘‘race to the bottom’’; ply, Mr. President, this legislation is Democratic Club, which was instrumental in (2) domestic environmental, labor, health, about saving lives. I urge all of my col- mobilizing black and Hispanic voters; food security, and other public interest leagues to support the SAAAVE Act. Whereas in 1964, Chisholm ran for a New standards and policies must not be under- Mr. BUNNING. Mr. President, I am York State Assembly seat and won; mined, including those based on the use of pleased to be joining Senator DODD Whereas in 1968, Chisholm became the first the precautionary principle (the internation- from Connecticut today in re-intro- African-American woman elected to Con- ally recognized legal principle that holds gress, representing New York’s Twelfth Con- that, when there is scientific uncertainty re- ducing the Screening Abdominal Aortic gressional District; garding the potential adverse effects of an Aneurysms Very Efficiently Act of Whereas as a member of Congress, Chis- action, a product or technology, a govern- 2005—also known as the SAAAVE Act— holm hired women only for her staff, was an ment should act in a way that minimizes the in the 109th Congress. advocate for civil rights, women’s rights, and risk of harm to human health and the envi- This is an important bill that could the poor, and spoke out against the Vietnam ronment); potentially save the lives of many War; (3) provision and regulation of public serv- Medicare beneficiaries. Unfortunately, Whereas Shirley Chisholm co-founded the ices such as education, health care, transpor- too many Americans die from ruptured National Organization for Women; tation, energy, water, and other utilities are abdominal aortic aneurysms each year Whereas she remained an outspoken advo- basic functions of democratic government without ever knowing they had this cate of women’s rights throughout her ca- and must not be undermined; reer, saying, ‘‘Women in this country must (4) raising standards in developing coun- condition. In fact, less than 15 percent become revolutionaries. We must refuse to tries requires additional assistance and re- of people who have a ruptured abdom- accept the old, the traditional roles and spect for diversity of policies and priorities; inal aortic aneurysm survive. stereotypes.’’; (5) countries must be allowed to design and That is why our bill is so important. Whereas in 1969, Shirley Chisholm, along implement policies to sustain family farms The SAAAVE Act would add a new with other African-American members of and achieve food security;

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2005 CONGRESSIONAL RECORD — SENATE S1433 (6) healthy national economies are essen- array of inconsistent policies and any policy (B) force acceptance of different food safe- tial to a healthy global economy, and the that fails to— ty standards as ‘‘equivalent’’, or require right of governments to pursue policies to (i) include labor market tests that ensure international harmonization of food safety maintain and create jobs must be upheld; that the employment of temporary workers standards, which undermine the level of (7) the right of State and local and com- will not adversely affect other similarly em- human health protection provided under do- parable regional governments of all coun- ployed workers; mestic law; or tries to create and enforce diverse policies (ii) involve labor unions in the labor cer- (C) restrict the ability of governments to must be safeguarded from imposed downward tification process implemented under the im- enact policies to guarantee the right of con- harmonization; and migration program for temporary workers sumers to know where and how their food is (8) rules for the global economy must be under section 101(a)(15)(H)(i) of the Immigra- produced. developed and implemented democratically tion and Nationality Act, including the fil- (7) REGARDING AGRICULTURE AND FOOD SECU- and with transparency and accountability; ing by an employer of an application under and RITY.—No such agreement may, with respect section 212(n)(1) of that Act; and to food and other agricultural commodities— Whereas many international trade and in- (iii) guarantee the same workplace protec- (A) contain provisions that prevent coun- vestment agreements in existence and cur- tions for temporary workers that are avail- tries from— rently being negotiated do not serve these able to all workers. (i) establishing domestic and global re- interests, and have caused substantial harm (E) The agreement shall guarantee that all serves, to the health and well-being of communities governments that are parties to the agree- in the United States and within countries (ii) managing supply, ment can regulate foreign investors in serv- that are trading partners of the United ices and other service providers in order to (iii) enforcing antidumping disciplines, States: Now, therefore, be it (iv) ensuring fair market prices, or Resolved by the Senate (the House of Rep- protect public health and safety, consumers, the environment, and workers’ rights, with- (v) vigorously enforcing antitrust laws, in resentatives concurring), That any agreement order to guarantee competitive markets for relating to trade and investment that is ne- out requiring the governments to establish their regulations to be the least burdensome family farmers; or gotiated by the executive branch with an- (B) prevent countries from developing the other country should comply with the fol- option for foreign service providers. necessary sanitary and phytosanitary stand- lowing: (3) REGARDING POLICIES TO SUPPORT AMER- ards to prevent the introduction of patho- (1) REGARDING INVESTOR AND INVESTMENT ICAN WORKERS AND SMALL, MINORITY, AND gens or other potentially invasive species POLICY.—No such agreement that includes WOMEN-OWNED BUSINESSES.—Any such agree- any provision relating to foreign investment ment shall preserve the right of Federal, which may adversely affect agriculture, may permit a foreign investor to challenge State, and local governments to maintain or human health, or the environment. or seek compensation because of a measure establish policies to support American work- (8) REGARDING TRANSPARENCY.—(A) The of a government at the national, State, or ers and small, minority, or women-owned process of negotiating any such agreement local level that protects the public interest, businesses, including, but not limited to, must be open and transparent, including including, but not limited to, public health, policies with respect to government procure- through— safety, and welfare, the environment, and ment, loans, and subsidies. (i) prompt and regular disclosure of full ne- worker protections, unless a foreign investor (4) REGARDING ENVIRONMENTAL, LABOR, AND gotiating texts; and demonstrates that the measure was enacted OTHER PUBLIC INTEREST STANDARDS.—Any (ii) prompt and regular disclosure of nego- or applied primarily for the purpose of dis- such agreement— tiating positions of the United States. criminating against a foreign investor or for- (A) may not supersede the rights and obli- (B) In negotiating any such agreement, eign investment. gations of parties under multilateral envi- any request or offer relating to investment, (2) REGARDING SERVICES.—Any such agree- ronmental, labor, and human rights agree- procurement, or trade in services must be ment, to the extent applicable, shall comply ments; and made public within 10 days after its submis- with the following: (B) shall, to the extent applicable, include sion if such request or offer— commitments, subject to binding enforce- (A)(i) The agreement may not discipline a (i) proposes specific Federal, State, and government measure relating to— ment on the same terms as commercial pro- local laws and regulations in the United (I) a public service, including public serv- visions— States to be changed, eliminated, or sched- ices for which the government is not the sole (i) to adhere to specified workers’ rights provider; and environmental standards; uled under such an agreement, including, but (II) a service that requires extensive regu- (ii) not to diminish or fail to enforce exist- not limited to, subsidies, tax rules, procure- lation; ing domestic labor and environmental provi- ment rules, professional standards, and rules (III) an essential human service; and sions; and on temporary entry of persons; (IV) a service that has an essentially social (iii) to abide by the core labor standards of (ii) proposes for coverage under such an component. the International Labor Organization (ILO). agreement— (ii) A service described in clause (i) in- (5) REGARDING UNITED STATES TRADE (I) specific essential public services, in- cludes, but is not limited to, a public benefit LAWS.—No such agreement may— cluding, but not limited to, public benefits program, health care, health insurance, pub- (A) contain a provision which modifies or programs, health care, education, national lic health, child care, education and train- amends, or requires a modification of or an security, sanitation, water, energy, and ing, the distribution of a controlled sub- amendment to, any law of the United States other utilities; or stance or product (including alcohol, to- that provides to United States businesses or (II) private service sectors that require ex- bacco, and firearms), research and develop- workers safeguards from unfair foreign trade tensive regulation or have an inherently so- ment on a natural or social science, a utility practices, including any law providing for— cial component, including, but not limited (including an energy utility, water, waste (i) the imposition of countervailing or to, maritime, air transport, trucking, and disposal, and sanitation), national security, antidumping duties; other transportation services, postal serv- maritime, air, surface, and other transpor- (ii) protection from unfair methods of com- ices, utilities such as water, energy, and tation services, a postal service, energy ex- petition or unfair acts in the importation of sanitation, corrections, education and traction and any related service, and a cor- articles; childcare, and health care; or rectional service. (iii) relief from injury caused by import (iii) proposes a discipline or process of gen- (B) The agreement shall permit a country competition; eral application which may interfere with that has made a commitment in an area de- (iv) relief from unfair trade practices; or the ability of the United States or State, scribed in subparagraph (A) to revise that (v) the imposition of import restrictions to local, or tribal governments to adopt, imple- commitment for the purposes of public inter- protect the national security; or ment, or enforce laws and regulations identi- est regulation without any financial or other (B) weaken the existing terms of the fied in clause (i) or provide or regulate serv- trade-related penalty. Agreement on Implementation of Article VI ices identified in clause (ii). (C) The agreement shall ensure that any of the General Agreement on Tariffs and (C) The broad array of constituencies rep- rule governing a subsidy or government pro- Trade 1994, or the Agreement on Subsidies curement fully protects the ability of a gov- and Countervailing Measures, of the World resenting the majority of the people of the ernment to support and purchase a service in Trade Organization, including through the United States, including labor unions, envi- a way that promotes economic development, domestic implementation of rulings of dis- ronmental organizations, consumer groups, social justice and equity, public health, envi- pute settlement bodies. family farm groups, public health advocates, ronmental quality, human rights, and the (6) REGARDING FOOD SAFETY.—No such faith-based organizations, and civil rights rights of workers. agreement may— groups, must have at least the same rep- (D) The agreement shall not make a new (A) restrict the ability of the United States resentation on trade advisory committees commitment on the temporary entry of to ensure that food products entering the and access to trade negotiators and negoti- workers because such policies should be de- United States are rigorously inspected to es- ating fora as those constituencies rep- termined by the Congress, after consider- tablish that they meet all food safety stand- resenting commercial interests. ation by the congressional committees with ards in the United States, including inspec- (D) Any dispute resolution mechanism es- jurisdiction over immigration to avoid an tion standards; tablished in any such agreement must be

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1434 CONGRESSIONAL RECORD — SENATE February 15, 2005 open and transparent, including through dis- We have seen that story repeated resolution calls for enforceable worker closure to the public of documents and ac- across Wisconsin. Our manufacturing protections, including the core Inter- cess to hearings, and must permit participa- sector has been hit particularly hard. national Labor Organization standards. tion by nonparties through the filing of ami- And I know Wisconsin is not alone in It preserves the ability of the United cus briefs, as well as provide for standing for States to enact and enforce its own State and local governments as intervenors. that experience. (9) REGARDING GOVERNMENTAL AUTHORITY.— The record of the major trade agree- trade laws. No such agreement may contain provisions ments into which our Nation has en- It protects foreign investors, but that bind national, State, local, or com- tered over the past few years has been states that foreign investors should not parable regional governments to limiting dismal. Thanks in great part to the be provided with greater rights than regulatory, taxation, spending, or procure- flawed fast track rules that govern those provided under U.S. law, and it ment authority without an opportunity for consideration of legislation imple- protects public interest laws from chal- public review and comment described in menting trade agreements, the United lenge by foreign investors in secret tri- paragraph (8), and without the explicit, in- States has entered into a number of bunals. formed consent of the national, State, local, It ensures that food entering into our or comparable regional legislative body con- trade agreements that have contrib- cerned, through such means as is decided by uted to the significant job loss we have country meets domestic food safety such legislative body. seen in recent years, and have laid standards. (10) REGARDING ACCESS TO MEDICINES AND open to assault various laws and regu- It preserves the ability of Federal, SEEDS.—(A) No such agreement may contain lations established to protect workers, State, and local governments to main- provisions that prevent countries from tak- the environment, and our health and tain essential public services and to re- ing measures to protect public health by en- safety. late private sector services in the pub- suring access to medicines. Indeed, those agreements undermine lic interest. (B) No such agreement may constrain the It requires that trade agreements rights of farmers to save, use, exchange, or the very democratic institutions through which we govern ourselves. contain environmental provisions sub- sell farm-saved seeds and other publicly ject to the same enforcement as com- available seed varieties. The loss of jobs, especially manufac- (11) REGARDING DEVELOPING COUNTRIES.— turing jobs, to other countries has been mercial provisions. Any such agreement must grant special and devastating to Wisconsin, and to the It preserves the right of Federal, differential treatment for developing coun- entire country. When I opposed the State, and local governments to use tries with regard to the timeframe for imple- North American Free Trade Agree- procurement as a policy tool, including mentation of the agreement as well as other ment, the Uruguay round of the Gen- through Buy American laws, environ- concerns. eral Agreement on Tariffs and Trade, mental laws such as recycled content, Mr. FEINGOLD. Mr. President, I am and purchasing preferences for small, resubmitting a measure to help begin Permanent Normal Trade Relations for China, and other flawed trade meas- minority, or women-owned businesses. to address one of the central problems It requires that trade negotiations ures, I did so in great part because I be- our Nation faces, namely the loss of and the implementation of trade agree- lieved they would lead to a significant family-supporting jobs because of our ments be conducted openly. loss of jobs. But even as an opponent of flawed trade policies. These are sensible policies. They are those agreements, I don’t think I could Florence, WI is a town in the far entirely consistent with the goal of in- have imagined just how bad things northeastern corner of my home State. creased international commerce, and would get in so short a time. It is just a few miles from the border in fact they advance that goal. with the Upper Peninsula of Michigan. The trade policy of this country over The outgrowth of the major trade Like most Americans, the residents the past several years has been appall- agreements I referenced earlier has of Florence are probably too busy with ing. The trade agreements into which been a race to the bottom in labor their own lives to pay close attention we have entered have contributed to standards, environmental health and to the trade policies of our Nation. But the loss of key employers, ravaging en- safety standards, in nearly every as- a few weeks ago, a hundred families in tire communities. But despite that pect of our economy. A race to the bot- that small community got a sharp in- clear evidence, we continue to see tom is a race in which even the winners troduction to the realities of those trade agreements being reached that lose. policies. Pride Manufacturing, the will only aggravate this problem. For any who doubt this, I invite you world’s largest maker of golf tees, an- This has to stop. We cannot afford to to ask the families in Florence, WI who nounced that it would be closing down pursue trade policies that gut our man- will watch their jobs move to China. its plant in Florence, and moving that ufacturing sector and send good jobs We can’t let this continue to happen. operation and the hundred or so jobs overseas. We cannot afford to under- We need to turn our trade policies that go with it to China. mine the protections we have estab- around. We need to pursue trade agree- That announcement probably wasn’t lished for workers, the environment, ments that will promote sustainable noticed by many people outside of my and our public health and safety. And economic growth for our Nation and home State—one company in one small we cannot afford to squander our demo- for our trading partners. The resolu- community in the far northeastern cor- cratic heritage by entering into trade tion I submit today will begin to put us ner of Wisconsin leaving for China agreements that supersede our right to on that path, and I urge my colleagues doesn’t raise many eyebrows in Wash- govern ourselves through open, demo- to support it. ington or Wall Street. But it is a seri- cratic institutions. ous matter for the families whose live- The legislation I am pleased to re- f lihood is directly affected by the move. introduce today addresses this prob- SENATE CONCURRENT RESOLU- And it will certainly have an impact on lem, at least in part. It establishes TION 13—CONGRATULATING the community in which they live. some minimum standards for the trade ASME ON THEIR 125TH ANNIVER- Some families may try to stay, but agreements into which our nation en- SARY, CELEBRATING THE some may be forced to look elsewhere ters. I introduced an identical resolu- ACHIEVEMENTS OF ASME MEM- for jobs. The local school district is al- tion in the last Congress as a com- BERS, AND EXPRESSING THE ready trying to cope with declining en- panion to a resolution introduced in GRATITUDE OF THE AMERICAN rollment and the challenges of a large- the other body by my colleague from PEOPLE FOR ASME’S CONTRIBU- ly rural district. The prospect of losing Ohio, Mr. SHERROD BROWN). TIONS additional families will only make This measure sets forth principles for Mr. SUNUNU submitted the fol- matters worse. Local businesses that future trade agreements. It is a break lowing concurrent resolution; which relied on the custom of those families with the so called NAFTA model, and was considered and agreed to: will be hit. Car dealers, grocery stores, instead advocates the kinds of sound S. CON. RES. 13 hardware stores, clothing stores, every- trade policies that will spur economic Whereas in 2005, ASME, incorporated in one will be potentially impacted. growth and sustainable development. 1880 as the American Society of Mechanical All because a local business is closing The principles set forth in this reso- Engineers, celebrates its 125th anniversary down as a result of the trade policies of lution are not complex. They are as one of the premier professional organiza- this government. straightforward and achievable. The tions focused on technical, educational, and

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2005 CONGRESSIONAL RECORD — SENATE S1435 research issues of the engineering commu- Works; Mr. Buddie J. Penn to be As- PRIVILEGE OF THE FLOOR nity; sistant Secretary of the Navy for In- Mr. ALEXANDER. Mr. President, I Whereas ASME plays a key role in pro- stallations and Environment; and Ad- tecting the welfare and safety of the public ask unanimous consent that Jeff Muhs through the development and promulgation miral William J. Fallon, USN, for re- be granted privileges of the floor dur- of over 600 codes and standards, including appointment to the grade of Admiral ing my remarks. codes governing the manufacture of boilers, and to be Commander, U.S. Pacific The PRESIDING OFFICER. Without pressure vessels, elevators, escalators, petro- Command. objection, it is so ordered. leum and hazardous liquid pipelines, cranes, THE PRESIDING OFFICER. Without f forklifts, power tools, screw threads and fas- objection, it is so ordered. teners, and many other products routinely CONGRATULATING THE AMERICAN used by industry and people in the United COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION SOCIETY OF MECHANICAL ENGI- States and around the world; NEERS Whereas ASME, through its 120,000 mem- Mr. ISAKSON. Mr. President, I ask bers, works diligently to ensure the provi- unanimous consent that the Com- Mr. FRIST. Mr. President, I ask sion of quality science, technology, engineer- mittee on Commerce, Science, and unanimous consent that the Senate ing, and mathematics education for young Transportation be authorized to meet proceed to the immediate consider- people as a way to foster and encourage the on Tuesday, February 15, 2005, at 10 ation of S. Con. Res. 13, which was sub- advancement of technology; Whereas industrial pioneers and ASME a.m., on the President’s FY 2006 Budget mitted earlier today by Senator members such as Thomas Edison, Henry request for the Department of Home- SUNUNU. Ford, and George Westinghouse helped to land Security’s Transportation Secu- The PRESIDING OFFICER. The build ASME’s engineering society even as rity Administration (TSA) and related clerk will report the concurrent resolu- ASME was helping to build the economy of programs. tion by title. the United States; THE PRESIDING OFFICER. Without The legislative clerk read as follows: Whereas ASME members help to ensure objection, it so ordered. A concurrent resolution (S. Con. Res. 13) the development and operation of quality congratulating ASME on their 125th anniver- and technologically advanced transportation COMMITTEE ON FOREIGN RELATIONS sary, celebrating the achievements of ASME systems, including automobile, rail, and air Mr. ISAKSON. Mr. President, I ask members, and expressing the gratitude of the travel; unanimous consent that the Com- American people for ASME’s contributions. Whereas ASME members contribute to re- mittee on Foreign Relations be author- search and development that identifies ized to meet during the session of the There being no objection, the Senate emerging and future technical needs in Senate on Tuesday, February 15, 2004 at proceeded to consider the concurrent evolving and multidisciplinary areas; 9:30 a.m. to hold a nomination hearing. resolution. Whereas ASME continues to provide qual- Mr. FRIST. Mr. President, I ask The PRESIDING OFFICER. Without ity continuing education programs designed unanimous consent that the concur- to keep engineers at the cutting edge of objection, it is so ordered. technology; and rent resolution be agreed to, the pre- COMMITTEE ON VETERANS’ AFFAIRS amble be agreed to, the motions to re- Whereas in the aftermath of the terrorist Mr. ISAKSON. Mr. President, I ask attacks on the United States of September consider be laid upon the table, en bloc, 11, 2001, ASME members have intensified ef- unanimous consent that the Com- and that any statements relating to forts to develop technologies for homeland mittee on Veterans’ Affairs be author- the resolution be printed in the security and the protection of the critical as- ized to meet during the session of the RECORD. sets of this Nation: Now, therefore, be it Senate on Tuesday, February 15, 2005, The PRESIDING OFFICER. Without Resolved by the Senate (the House of Rep- for a hearing on the administration’s resentatives concurring), That the Congress— objection, it is so ordered. proposed fiscal year 2006 Department of The concurrent resolution (S. Con. (1) congratulates ASME on its 125th anni- Veterans’ Affairs budget. versary; Res. 13) was agreed to. (2) recognizes and celebrates the achieve- The hearing will take place in room The preamble was agreed to. ments of all ASME members; 418 of the Russell Senate Office Build- The concurrent resolution, with its (3) expresses the gratitude of the people of ing at 10 a.m. preamble, reads as follows: the United States for ASME’s contributions The PRESIDING OFFICER. Without S. CON. RES. 13 to the health, safety, and economic well- objection, it is so ordered. being of the citizenry; and Whereas in 2005, ASME, incorporated in SUBCOMMITTEE ON ENERGY (4) directs the Secretary of the Senate to 1880 as the American Society of Mechanical transmit an enrolled copy of this resolution Mr. ISAKSON. Mr. President, I ask Engineers, celebrates its 125th anniversary to the president of ASME. unanimous consent that the sub- as one of the premier professional organiza- tions focused on technical, educational, and f committee on Energy be authorized to meet during the session of the Senate research issues of the engineering commu- nity; AUTHORITY FOR COMMITTEES TO on Tuesday, February 15th at 2:30 p.m. MEET Whereas ASME plays a key role in pro- to receive testimony regarding the tecting the welfare and safety of the public COMMITTEE ON ARMED SERVICES prospects for liquefied natural gas through the development and promulgation Mr. ISAKSON. Mr. President, I ask (LNG) in the United States (panel 1) of over 600 codes and standards, including unanimous consent that the Com- and to discuss the safety and security codes governing the manufacture of boilers, mittee on Armed Services be author- issues related to LNG development pressure vessels, elevators, escalators, petro- ized to meet during the session of the (panel 2). Witnesses will be the FERC, leum and hazardous liquid pipelines, cranes, Senate on February 15, 2005, at 9:30 the Coast Guard, State authorities, and forklifts, power tools, screw threads and fas- teners, and many other products routinely a.m., in open session to receive testi- industry stakeholders. Issues that will mony on the priorities and plans for used by industry and people in the United be discussed include LNG siting proc- States and around the world; the Atomic Energy Defense activities ess; risk assessment; and the State and Whereas ASME, through its 120,000 mem- of the Department of Energy and to re- local level’s role. bers, works diligently to ensure the provi- view the defense authorization request The PRESIDING OFFICER. Without sion of quality science, technology, engineer- for fiscal year 2006. objection, it is so ordered. ing, and mathematics education for young The PRESIDING OFFICER. Without people as a way to foster and encourage the PERMANENT SUBCOMMITTEE ON INVESTIGATIONS objection, it is to ordered: advancement of technology; COMMITTEE ON ARMED SERVICES Mr. ISAKSON. Mr. President, I ask Whereas industrial pioneers and ASME Mr. ISAKSON. Mr. President, I ask unanimous consent that the Perma- members such as Thomas Edison, Henry unanimous consent that the Com- nent Subcommittee on Investigations Ford, and George Westinghouse helped to mittee on Armed Services be author- be authorized to meet on Tuesday, Feb- build ASME’s engineering society even as ASME was helping to build the economy of ized to meet during the session of the ruary 15, 2005, at 9:30 a.m., for a hearing entitled ‘‘The United Nations’ Manage- the United States; Senate on February 15, 2005, at 4 p.m., Whereas ASME members help to ensure in open session to consider the fol- ment and Oversight of the Oil-for-Food the development and operation of quality lowing nominations: Program.’’ and technologically advanced transportation Mr. John Paul Woodley, Jr., to be As- The PRESIDING OFFICER. Without systems, including automobile, rail, and air sistant Secretary of the Army for Civil objection, it is so ordered. travel;

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1436 CONGRESSIONAL RECORD — SENATE February 15, 2005 Whereas ASME members contribute to re- The Democratic leader. ADJOURNMENT UNTIL 9:30 A.M. search and development that identifies Mr. REID. Mr. President, if the dis- TOMORROW emerging and future technical needs in tinguished majority leader would yield, Mr. FRIST. Mr. President, if there is evolving and multidisciplinary areas; I am disappointed but I understand Whereas ASME continues to provide qual- no further business to come before the that we are not going to be able to ity continuing education programs designed Senate, I ask unanimous consent that move tomorrow to the genetic non- to keep engineers at the cutting edge of the Senate stand in adjournment under discrimination matter. It is my under- technology; and the previous order. Whereas in the aftermath of the terrorist standing that there is a potential blue- attacks on the United States of September slip problem with the House. I had There being no objection, the Senate, 11, 2001, ASME members have intensified ef- hoped we could get that done. That is at 5:45 p.m., adjourned until Wednes- forts to develop technologies for homeland something that is very important to day, February 16, 2005, at 9:30 a.m. security and the protection of the critical as- do. We will be happy to cooperate with sets of this Nation: Now, therefore, be it f Resolved by the Senate (the House of Rep- the majority leader in any way we can resentatives concurring), That the Congress— to move that along. It passed last time (1) congratulates ASME on its 125th anni- with 90-some-odd votes. I hope we can NOMINATIONS versary; get that done. Even with a little bump Executive nominations received by (2) recognizes and celebrates the achieve- in the road, maybe we can still get that the Senate February 15, 2005: ments of all ASME members; done this week. (3) expresses the gratitude of the people of The PRESIDING OFFICER. The ma- DEPARTMENT OF HEALTH AND HUMAN SERVICES the United States for ASME’s contributions jority leader. LESTER M. CRAWFORD, OF MARYLAND, TO BE COMMIS- to the health, safety, and economic well- SIONER OF FOOD AND DRUGS, DEPARTMENT OF HEALTH being of the citizenry; and Mr. FRIST. In response through the AND HUMAN SERVICES, VICE MARK B. MCCLELLAN. Chair, this bill is a critically impor- (4) directs the Secretary of the Senate to IN THE ARMY transmit an enrolled copy of this resolution tant bill, in my mind, in that we have THE FOLLOWING NAMED OFFICER FOR APPOINTMENT to the president of ASME. worked on it for 7 years. We have IN THE UNITED STATES ARMY TO THE GRADE INDICATED f passed it with an overwhelming major- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND ity in this body. It does good things for RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: UNANIMOUS CONSENT people who have a whole range of ill- To be lieutenant general AGREEMENT—S. 384 nesses. It really represents the great MAJ. GEN. STANLEY E. GREEN, 0000 Mr. FRIST. Mr. President, I ask advances in science today, advances in THE FOLLOWING NAMED ARMY NATIONAL GUARD OF THE UNITED STATES OFFICER FOR APPOINTMENT TO unanimous consent that at 11 a.m. on research, advances that come in large THE GRADE INDICATED IN THE RESERVE OF THE ARMY Wednesday, February 16, the Senate part because of what this body did with UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: proceed to the consideration of S. 384, a the human genome project in funding To be colonel bill to extend the existence of the Nazi over a period of about 10 years, the un- GERALD L. DUNLAP, 0000 War Crimes Working Group; provided raveling of the genetic code which THE FOLLOWING NAMED OFFICER FOR APPOINTMENT that there be 90 minutes of debate TO THE GRADE INDICATED IN THE UNITED STATES ARMY makes us all human, which is still UNDER TITLE 10, U.S.C., SECTION 624: equally divided between the majority mind-boggling. With that, it introduces leader or his designee and the Demo- all sorts of privacy issues and a poten- To be colonel cratic leader or his designee; provided tial for discrimination and this comes ROBERT D. SAXON, 0000 further that no amendments be in THE FOLLOWING NAMED ARMY NATIONAL GUARD OF back and addresses it head on. It is a THE UNITED STATES OFFICERS FOR APPOINTMENT TO order, and that following the use or bill upon which we generally have all THE GRADE INDICATED IN THE RESERVE OF THE ARMY yielding back of the time the bill be agreed. UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: read a third time and the Senate pro- We are working with the Finance To be colonel ceed to a vote on passage without any Committee and with the HELP Com- RICHARD R. GUZZETTA, 0000 intervening action or debate. mittee internally as well as with the ROBERT J. JOHNSON, 0000 The PRESIDING OFFICER. Without THE FOLLOWING NAMED ARMY NATIONAL GUARD OF House. I do not want to be overly opti- THE UNITED STATES OFFICERS FOR APPOINTMENT TO objection, it is so ordered. mistic, but I think by tomorrow we THE GRADE INDICATED IN THE RESERVE OF THE ARMY Mr. FRIST. I further ask unanimous will work this out and get it to the UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: consent that S. 384 be placed on the Senate floor. To be colonel Senate Calendar. Mr. REID. Mr. President, if the dis- JAMES R. HAJDUK, 0000 The PRESIDING OFFICER. Without tinguished leader would yield again, I FRITZ W. KIRKLIGHTER, 0000 objection, it is so ordered. THE FOLLOWING NAMED ARMY NATIONAL GUARD OF am sure others have felt this way in THE UNITED STATES OFFICERS FOR APPOINTMENT TO f the past, but it is interesting to me THE GRADE INDICATED IN THE RESERVE OF THE ARMY UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: that anytime there is anything that ORDERS FOR WEDNESDAY, To be colonel FEBRUARY 16, 2005 the distinguished majority leader talks about that deals with medicine, it is al- BRIAN E. BACA, 0000 ANTHONY E. BAKER, SR., 0000 Mr. FRIST. Mr. President, I ask most as if there is a light that comes unanimous consent that when the Sen- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT on. It is just so apparent why he was TO THE GRADE INDICATED IN THE UNITED STATES ARMY ate completes its business today, the such a good physician. DENTAL CORPS AND FOR REGULAR APPOINTMENT (IDEN- Senate adjourn until 9:30 a.m. on TIFIED BY AN ASTERISK(*)) UNDER TITLE 10, U.S.C., SEC- Mr. FRIST. Mr. President, we will TIONS 624, 531, AND 3064: Wednesday, February 16. I further ask move on. To be colonel that following the prayer and pledge, The PRESIDING OFFICER. The ma- the morning hour be deemed expired, JOHN M. BALAS, JR., 0000 jority leader. WILLIAM T. BURNS, 0000 the Journal of proceedings be approved LOUIS F. CAMPANA II, 0000 to date, the time for the two leaders be f JOSE J. CONDE, 0000 RICHARD F. DRUCKMAN, 0000 reserved, and the Senate then proceed JOHN E. DULSKI, 0000 to a period for morning business for up PROGRAM JOHN W. * ETZENBACH, 0000 DAVID K. FIASCHETTI, 0000 to 90 minutes, with the first 30 minutes Mr. FRIST. Tomorrow, following ROGER S. FIEDLER, 0000 under the control of the majority lead- morning business, the Senate will RAYMOND G. HYNSON, 0000 SHANNON S. MCGEE, 0000 er or his designee and the second 30 begin consideration of a 2-year exten- DAVID L. MOSS, 0000 minutes under the control of the sion of the Nazi War Crimes Working STEVEN ROBERTS, 0000 WALTER F. RONGEY, 0000 Democratic leader or his designee; pro- Group. We will have limited debate on STEVEN P. RUBCZAK, 0000 vided that following morning business, this measure prior to its passage. We BORIS J. SIDOW, 0000 ASHTON C. TRIER, 0000 the Senate proceed to the consider- have not received any requests for a DAVID A. VINCENT, 0000 ation of S. 384, the Nazi War Crimes rollcall vote on this bill. I anticipate VINCENT P. VISSICHELLI, 0000 JAMES O. WALMANN, 0000 Working Group Extension Act as pro- that we can pass it with a voice vote. PAUL J. WARDEN, 0000 vided under the previous order. For the remainder of the day we will THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT The PRESIDING OFFICER. Without consider any legislative or executive TO THE GRADE INDICATED IN THE UNITED STATES ARMY NURSE CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 AND objection, it is so ordered. item cleared for action. 3064:

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A TRIBUTE TO MS. GABRIELLA F. Mr. Speaker, she was commissioned to was elected to the serve in this great body, KOSZORUS-VARSA paint some of the most important moments the first for an African-American from New Jer- and persons in American history. Dr. Robert sey. Mr. Payne has used his position as a HON. TOM LANTOS Hutchings Goddard and his wife’s bas-reliefs, Member of Congress to further the cause of OF CALIFORNIA commissioned by the Ramsey Fund at the Na- human and civil rights throughout the world. His efforts have enabled Mr. Payne to travel IN THE HOUSE OF REPRESENTATIVES tional Air and Space Museum were made by Ms. Koszorus-Varsa. Her ‘‘Composition in Me- throughout the globe to represent the United Tuesday, February 15, 2005 moriam of the Late Astronauts: Virgil Grissom, States government. He was one of five Mem- Mr. LANTOS. Mr. Speaker, I invite my col- Edward H. White, and Roger B. Chaffee’’ is bers of Congress asked to accompany Presi- leagues to join me in paying tribute to an ex- currently being exhibited at the Alabama dent and Mrs. Clinton on their six nation tour traordinary and remarkable artist, Ms. Space and Rocket Center. The Fleetwood of Africa. As a member of the Balkans Caucus Gabriella F. Koszorus-Varsa. Ms. Koszorus- Cover Service commissioned three First Day he met with NATO officials in Brussels to Varsa’s work has been displayed internation- Cover designs from her: ‘‘O! Say, Can You asses the crisis in Kosovo. This mission ally, from Santa Cruz, California, to Munich, See’’, ‘‘Civil War Centennial’’, and ‘‘Champion brought Mr. Payne to the frontlines of the dev- Germany, including being featured prominently of Liberty, Lajos Kossuth’’. I also recall her astation caused by the inhumane acts com- in the U.S. Capitol and the Hungarian Em- wonderful painting of the first king of Hungary, mitted there. Mr. Payne’s diligent efforts to restore de- bassy in Washington, D.C. and in the Car- Saint Stephen that was displayed at the Hun- mocracy and human rights throughout the negie Hall in New York City. She has been garian Embassy in Washington, D.C., which globe have led him to bring to light the recent heralded as a master of portraits, and figure also houses her life-sized bust of Lajos atrocities in Sudan. In the 108th Congress, Mr. compositions as well as sculptures. Kossuth. Payne successfully guided the passage of a Ms. Koszorus-Varsa’s depiction of the Mr. Speaker, Ms. Gabriella F. Koszorus- resolution declaring genocide in Darfur, charge of the cavalry during the battle of Varsa’s work is inspiring and has the enduring Sudan. Additionally he saw the Sudan Peace Charleston in ‘‘Fidelissimus ad Mortem’’ is a quality that many artists seek. She has en- Act come to fruition. This law, a comprehen- magnificent painting. Highlighting the contribu- sured that Colonel Kovats is properly remem- sive solution to the war in Sudan as well as tion of Colonel Michael Kovats de Fabricy in bered, as well as the astronauts who lost their a plan for famine relief efforts, was the result the Revolutionary War, this painting was dis- lives in our quest to go to the moon. I invite of more than 2 years work by many organiza- played in my office in the Capitol for many my colleagues to view all of her wonderful tions. Anti-slavery groups, churches and com- years. Using the closing line of the letter Colo- paintings and sculptures. munity groups were among the organizations nel Kovats wrote to Benjamin Franklin when f involved in working with Mr. Payne on this he offered his expertise in fighting for our most important issue. independence, ‘‘Fidelissimus ad Mortem’’ A TRIBUTE TO THE HONORABLE Mr. Payne has done much humanitarian (most faithful unto death) symbolizes how far DONALD M. PAYNE work on both the international and local level. a foreign national would go to help us achieve He has served on the board of directors of the the ideal of freedom. After meeting with Gen- HON. BILL PASCRELL, JR. National Endowment for Democracy, Trans- eral Washington, he was given the charge of OF NEW JERSEY Africa, Discovery Channel Global Education training the American Light Cavalry. Colonel IN THE HOUSE OF REPRESENTATIVES Fund, The Boys and Girls Clubs of Newark, Kovats led the light cavalry; the hussars, The Newark YMCA and the Newark Day Cen- Tuesday, February 15, 2005 which were a legion made up of French, Ger- ter. man, Poles and other nationalities. Colonel Mr. PASCRELL. Mr. Speaker, I would like to While many of his efforts focus on cor- Kovats died in the battle of Charleston, South call to your attention the life and work of a fel- recting atrocities in developing nations, the im- Carolina, on May 11, 1779. low colleague, The Honorable Donald M. plications extend far beyond the regions in- Mr. Speaker, Ms. Koszorus-Varsa displayed Payne of New Jersey’s 10th Congressional volved. His goal to improve the quality of life her deft touch in creating this magnificent District Mr. Payne was recognized on Tues- for those who cannot defend themselves is re- painting. Wanting to replicate the battlefield day, February 15, 2005 as a recipient of the markable. Donald truly exemplifies the notion charge truthfully, she researched everything Essex County Dr. Martin Luther King, Jr. of a global community and that we are all re- down to the most intricate detail—from the Leadership Award. It is only fitting that we sponsible for our fellow man. color of the uniforms to the kind of horses that honor our colleague Mr. Payne, in this, the Mr. Speaker, I am honored to share the re- would have been ridden and the formation that permanent record of the greatest freely elect- sponsibility of representing communities in the hussars would use when attacking. The ed body on Earth. Essex County, New Jersey along with Mr. blue cloaks of the men flanking Colonel Mr. Payne is truly a role model for the Afri- Payne. He is a true humanitarian and is more Kovats came from a book in the Library of the can-American community. His devotion to ad- than deserving of the honor bestowed upon ‘‘Daughters of the American Revolution’’ as vancing human and civil rights on an inter- him today. I ask you to join with a grateful they paraded through Philadelphia. Colonel national scale is unparalleled. While he is a County of Essex and our colleagues in recog- Kovats wears the prominent red uniform which proven leader in the Congress, Mr. Payne’s nizing the truly outstanding achievements of he wore in one of his services as commander devotion to improving the community at large the Honorable Donald M. Payne. of the ‘‘Free Hussars’’ in the Army of Frederick began as a result of his deep roots in Newark, f the Great, King of Prussia. New Jersey. HONORING OAKLAND COMMUNITY Ms. Koszorus-Varsa, who memorialized the A native of Newark. Mr. Payne attended HOUSING, INC. heroic deeds of Colonel Kovats, grew up in Seton Hall University. After completing his un- Budapest, Hungary as the daughter of the re- dergraduate education, Mr. Payne pursued nowned art professor Elemer Fulop de graduate studies at Springfield College in HON. BARBARA LEE OF CALIFORNIA Felsoeor. Following in her father’s footsteps, Massachusetts. His professional career com- IN THE HOUSE OF REPRESENTATIVES she earned a Master’s Degree from the Acad- menced in the Newark Public Schools where emy of Fine Arts in Budapest, Hungary, and Mr. Payne taught. He went on to hold an ex- Tuesday, February 15, 2005 began teaching at the American University in ecutive position with the Prudential Insurance Ms. LEE. Mr. Speaker, I rise today to honor Heidelberg, Germany in 1947. Ms. Koszorus- Company following his tenure as Vice Presi- the outstanding work of Oakland Community Varsa and her husband, Colonel Ferenc dent of Urban Data Systems, Inc. Housing, Inc. For the past 30 years, OCHI has Koszorus who was one of the great heroes of In 1988, Donald Payne achieved a mile- provided a truly invaluable service to the com- the Hungarian Holocaust, immigrated to the stone not only for himself, but for the entire Af- munity by producing and managing quality af- United States in 1951 with their son. rican-American community of New Jersey. He fordable housing throughout the East Bay.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Aug 04 2004 04:39 Feb 16, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K15FE8.001 E15PT1 E232 CONGRESSIONAL RECORD — Extensions of Remarks February 15, 2005 OCHI came into existence in 1974, when live longer and stronger lives through her ef- The new Check 21 law facilitates the elec- the construction of Oakland’s City Center re- forts to help women identify risk factors for tronic clearing of checks, which means that sulted in the demolition of 12 square blocks in heart disease. checks consumers write will clear sooner. the downtown district. When grassroots orga- She is an ardent supporter of the American However, banks are still allowed to place the nizations, including the Black Panther Party, Heart Association’s work to further medical re- same long check holds on consumers’ depos- the Oakland Citizens’ Committee for Urban search and advance knowledge in the areas its. Renewal, and the Oakland Legislative Council of prevention and treatment of heart disease For example: Jane Doe gets paid on Friday, for Seniors successfully sued the city for the and stroke. deposits her paycheck Friday evening, and replacement of the over 300 lost units, OCHI Mr. Speaker, it is my pleasure to honor Dr. writes a check at the grocery store the next received the grant for that rebuilding project. Catherine Winchester for receiving the Amer- day. The check to the grocery store on Satur- That project was the first step in a journey ican Heart Association’s Giving Heart Award. I day clears on Sunday or Monday, but because which has enriched countless lives over the urge my colleagues to join me in praising Dr. Jane’s bank puts a hold on her deposit, her past 30 years. Winchester’s efforts and in wishing her many paycheck funds cannot be used to cover her Since the completion of that first project, years of continued success. checks until the next Wednesday—even if the Eldridge Gonaway Commons, in 1982, OCHI’s f paycheck has in fact already cleared. If Jane’s construction on new projects has been contin- employer uses a non-local bank to issue her ESSEX HIGH SCHOOL MEDALS IN uous. In working to meet the rental and home- paycheck, Jane’s bank can make her wait till FIRST APPEARANCE IN ownership needs of low-income families, sin- the next Monday—ten calendar days—before CHEERLEADING CHAMPIONSHIP gle adults, the formerly homeless, persons her pay is available to cover the checks she with substance abuse issues, mentally chal- writes. lenged adults, and seniors, OCHI has suc- HON. BERNARD SANDERS Even if Jane’s paycheck actually clears cessfully completed over 1,000 units of afford- OF VERMONT within a day or two, her bank does not have able housing units on 18 properties. In addi- IN THE HOUSE OF REPRESENTATIVES to lift the hold. Instead, Jane’s bank can: tion to developing properties in a variety of Tuesday, February 15, 2005 bounce her check and charge her a ‘‘non-suffi- ways to meet the diverse needs of the popu- cient funds’’, NSF fee of$20 to $35. The gro- Mr. SANDERS. Mr. Speaker, it is with great cery store may also charge a returned check lations it serves, OCHI has also developed pride that I salute the Essex High School some of its properties in partnership with less fee or clear the check but charge a $20 to $35 Cheerleaders, from Essex Junction, Vermont, ‘‘bounce protection’’ fee, and possibly a per experienced community housing developers for winning third place in the National High as an investment in community capacity build- day fee as well for each day before deposited School Cheerleading Championship on Feb- funds are available to cover the check. ing. Indeed, when OCHI undertakes to con- ruary 12 in Orlando, Florida. struct or renovate a property, it not only builds Bounce protection may be a service she has The Hornet cheerleaders were competing never requested—and it may be invoked by a home for its future residents, but creates a for the first time. But they knew they had new beginning that changes entire neighbor- the bank even though Jane had made a de- something going for them, despite their rel- posit to cover the check before writing the hoods for the better. ative inexperience: They had already won the OCHI recently celebrated its 30th anniver- check. first place award at the New England Regional This is patently unfair to consumers. Check sary, and I would like to take this opportunity qualifier last fall. That victory, of course, put to recognize its incredibly important work. With hold times should be shortened, so consumers them on a collision course with the nation’s can use their deposits to cover the checks quality affordable housing so scarce in the very best cheerleading teams, all thirty-one of Bay Area, OCHI has provided an invaluable they write after making a deposit. them. After a tough preliminary round, Essex Check 21 only required that the Federal Re- resource to the communities it has served. I was in fourth place, one spot out of the med- serve Board study check hold times, and gave salute OCHI for its dedication to meeting the als. But they bore down in the finals, and the Federal Reserve Board until March 2007 housing needs of low-income homeowners leaped into the medals with a third place, out- to finish that study. and renters in dozens of communities over the paced only by the three-time national cham- The ‘‘Consumer Checking Account Fairness past 30 years, and for the profound and last- pion, Sparkman High of Alabama, and a tal- Act’’ solves this problem. The bill: ing impact its tireless work has had on count- ented team from Archbishop Shaw High Reduces check hold times by a day for de- less lives. School in Louisiana. posits up to $7,500. f These exceptional young athletes and their Counts Saturday as a business day toward HONORING DR. CATHERINE coaches at Essex High School have worked the check hold period if the bank takes money WINCHESTER long and hard to achieve this national recogni- out of consumer accounts on Saturdays. tion. Combining grace with athleticism, they Requires banks to process credits before have shown the nation that with determination debits: i.e. add deposits before deducting HON. GEORGE RADANOVICH and the desire to excel, any door may be checks. OF CALIFORNIA opened, even a door leading to a top place in Prevents banks from charging bounced IN THE HOUSE OF REPRESENTATIVES national competition. check fees when the deposit to cover the Tuesday, February 15, 2005 All of Essex High School, all of Essex and check has actually cleared but the hold period Essex Junction, all of Vermont, are proud of has not yet been completed. Mr. RADANOVICH. Mr. Speaker, I rise these young women and men. May this be the Increases the ‘‘small check’’ amount, for today to honor Dr. Catherine Winchester for beginning of a proud new tradition. which there is faster funds availability, from receiving the American Heart Association’s f $100 to $500. Giving Heart Award. Dr. Winchester will be Requires banks that wish to charge for so- honored at the American Heart Association’s CONSUMER CHECKING ACCOUNT called ‘‘bounce protection’’ to get the con- Go Red for Women Luncheon on Thursday, FAIRNESS ACT sumer to request this feature before charging February 17, 2005, in Fresno, CA. fees to the consumer for it. In 1995, Dr. Catherine Winchester attained HON. CAROLYN B. MALONEY Clarifies that deposits at proprietary ATMS her Doctor of Medicine degree from the Uni- OF NEW YORK are cleared as fast as deposits at a teller. versity of California-Irvine, College of Medi- IN THE HOUSE OF REPRESENTATIVES Requires that banks who charge a fee for a cine. After receiving her degree she completed ‘‘substitute check’’ under Check 21 cannot in- her internal medical residency at Stanford Uni- Tuesday, February 15, 2005 sist that the consumer get a substitute check versity Medical Center and completed a cardi- Ms. MALONEY. Mr. Speaker, today I am re- in order to have the bank put funds missing ology fellowship at University of California- introducing the Consumer Checking Account due to a processing error back into the con- Davis. Fairness Act. This bill solves a pressing con- sumer’s account within ten business days. Dr. Winchester has tirelessly worked to sumer banking problem. Under the Check 21 The Consumer Checking Account Fairness raise awareness of the fact that heart disease Act that we passed last year, money will leave Act is balanced and sensible. It preserves the is the No. 1 killer of women in the United consumers’ accounts faster, but become avail- ability of banks to prevent fraud. For example, States. She served as keynote speaker of last able at the same old pace. Current check hold it leaves in place the ability of a bank to im- year’s Go Red for Women luncheon and, as times, combined with the speeding up of pose a longer hold period for special cir- the only female cardiologist in California’s check processing, create real problems for cumstances, such as a new account or a re- Central Valley, she has empowered women to consumers. cent history of bounced checks on an account.

VerDate Aug 04 2004 04:39 Feb 16, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A15FE8.002 E15PT1 February 15, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E233 Also, the bill does not require banks to issue Peninsula representative. In this new role, he she serves as a respected leader of this very ‘‘substitute checks’’ under the Check 21 law will be helping local governments reduce their important organization. The Hibernians clearly without any fee; instead it simply says that if personal and liability risks while better serving recognized the talent of this special person. I the bank decides to charge for the substitute their residents. must also acknowledge with pride her con- check, then the bank cannot insist that the Mr. Speaker, I ask the House of Represent- tinuing role as both mother and grandmother consumer get that document in order to exer- atives to join me in thanking First Lieutenant to her three children and two grandchildren. cise the consumer’s right to a ten business Kevin R. Denecke for his 25 years of service They are very proud of her with good reason. day timeframe to get back funds lost due to a to the people of the State of Michigan and in It is an honor and a privilege to recognize check processing problem, such as a check wishing him well in his new position. His com- the dedication of Anne Marie Ferguson to the being paid twice. mitment to community and to justice have Ladies Ancient Order of Hibernians State Banks benefit from faster check-processing been a model of public service. He will be Board of New York State. Her service and facilitated by Check 21. They should also have missed by the Michigan State Police and the dedication to this organization is greatly appre- to give their customers faster credit for depos- people he so competently and bravely served. ciated. its. f f f PERSONAL EXPLANATION IN HONOR OF THE UNI-CAPITOL FIRST LIEUTENANT KEVIN R. WASHINGTON INTERNSHIP PRO- DENECKE HON. TOM FEENEY GRAM OF FLORIDA HON. BART STUPAK IN THE HOUSE OF REPRESENTATIVES HON. MICHAEL N. CASTLE OF DELAWARE OF MICHIGAN Tuesday, February 15, 2005 IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Mr. FEENEY. Mr. Speaker, on the dates of Tuesday, February 15, 2005 Tuesday, February 15, 2005 February 8–10, 2005, I was absent from ses- Mr. STUPAK. Mr. Speaker, I rise today to sion attending to personal matters following Mr. CASTLE. Mr. Speaker, each year Amer- pay tribute to an outstanding member of the the death of a family member. I was unable to ica hosts thousands of foreign students from Michigan State Police, First Lieutenant Kevin attend 12 votes held during my absence. I around the globe. For those of us who de- Denecke. On January 28th, F/Lt. Denecke re- would like to note for the record that had I velop a professional or personal relationship tired as the Commander of the Manistique been present I would have voted as follows: with any of these individuals, we are truly en- State Police Post in Michigan’s Upper Penin- ‘‘Yea,’’ rollcall 20, February 8, H. Res. 46, riched by their different perspective on the sula, closing the final chapter of his career on motion to suspend the rules and agree; world. My staff has been fortunate enough to dedicated to serving the people of the State of ‘‘yea,’’ rollcall 21, February 8, H.R. 315, on host a young woman from Australia, Rhiannon Michigan. F/Lt. Denecke’s 25 years as a law motion to suspend the rules and pass; ‘‘yea,’’ Riches. Driven by her insatiable desire for enforcement officer and leader stand as a rollcall 22, February 8, H.R. 548, on motion to knowledge and experience, Rhiannon has shining example to us all. suspend the rules and pass; ‘‘yea,’’ rollcall 23, quickly become an asset to me, my staff, and A native of the Detroit area, Kevin R. February 9, H. Res. 71, on consideration of the state of Delaware. Every day, her pres- Denecke graduated from Edsel Ford High the resolution; ‘‘yea,’’ rollcall 24, February 9, ence reminds us of the innumerable benefits School in Dearborn, Michigan in 1974. He H. Con. Res. 6, on motion to suspend the available through cross-cultural exchange. then went on to attend Northern Michigan Uni- rules and pass; ‘‘yea,’’ rollcall 25, February 9, For over 100 years, Australia and the United versity in Marquette where he earned a Bach- H. Con. Res. 26, on motion to suspend the States have enjoyed a unique partnership that elor of Science degree in law enforcement and rules and agree; ‘‘yea,’’ rollcall 26, February 9, has endured world wars, economic malaise, security administration, graduating cum laude H. Con. Res. 30, on motion to suspend the and our current battle with terrorism. This tra- in 1978. rules and agree, as amended; ‘‘yea,’’ rollcall dition continues through the Uni-Capitol Wash- In the fall of 1979, Kevin began his career 27, February 10, H. Res. 75, on agreeing to ington Internship Program, which provides with the Michigan State Police as a graduate the resolution; ‘‘nay,’’ rollcall 28, February 10, Australian students with the opportunity to ex- of the 96th Recruit School, and was assigned H.R. 418, on agreeing to the amendment perience American democracy first-hand to the Munising Post. Over the years he has (NADLER); ‘‘nay,’’ rollcall 29, February 10, H.R. through internships with Congressional offices. served in communities across the State of 418, on agreeing to the amendment (FARR); The Uni-Capitol Program is the pro bono ef- Michigan as a shift supervisor, a narcotics offi- ‘‘nay,’’ rollcall 30, February 10, H.R. 418, on fort of former long-time House and Senate cer, on the Governor’s security detail, and as motion to recommit with instructions; ‘‘yea,’’ staffer Eric K. Federing. During the 1990s, Mr. a unit commander. rollcall 31, February 10, H.R. 418, on pas- Federing made extensive visits to Australian In May 1989, he was promoted to Detective sage. universities, where he lectured on government, Lieutenant and became the commander of the f politics, and news media. These visits were Upper Peninsula Substance Enforcement his impetus for the successful program that Team (UPSET). During his final tenure as HONORING ANNE MARIE FER- Uni-Capitol is today. commander of UPSET, his multi-jurisdictional GUSON OF THE LADIES ANCIENT Currently, there are seven universities par- street narcotics team covered twelve counties ORDER OF HIBERNIANS ticipating from across Australia. A dozen stu- of Michigan’s Upper Peninsula. dents travel to Washington, DC annually as After three years leading UPSET, Mr. HON. JAMES T. WALSH part of the exchange, which has received sup- Denecke was promoted to First Lieutenant, OF NEW YORK port from both the U.S. and Australian govern- and made commander of the Manistique Post. IN THE HOUSE OF REPRESENTATIVES ments. In 2004, Mr. Federing’s firm, KPMG Known as ‘‘the LT’’ to the officers at the post, LLP, recognized the significance of the pro- F/Lt. Denecke has earned a reputation Tuesday, February 15, 2005 gram with a Chairman’s Award for Excellence throughout his career as a strong leader who Mr. WALSH. Mr. Speaker, I rise today to in Volunteerism. However, according to Mr. goes out of his way to help the officers under recognize the accomplishments and dedication Federing, the enthusiastic students who em- him grow and advance professionally. of Anne Marie Ferguson to the Ladies Ancient brace this incredible opportunity are the true On a personal note, Mr. Speaker, as a Order of Hibernians State Board of New York beating heart of the program. former State Trooper myself, I have had the State. Mr. Speaker, I know that our experience has pleasure of knowing F/Lt. Denecke over the Anne Marie Ferguson, the LAOH New York not been unique. The other students and con- years, particularly during his time undercover State President, has been a dedicated mem- gressional hosts in 2005 should be congratu- and when he was on the Governor’s detail. I ber for 36 years. She is a Syracuse native lated for participating in this exchange: Julian have always enjoyed his friendship, and ad- who graduated from Bishop Ludden High Barendse (Melbourne University) in the office mired his service to the people of Michigan’s School and then went on to graduate from of Sen. CHUCK HAGEL of Nebraska; Anna Bir- First Congressional District. Maria Regina College in Syracuse. mingham (University of Western Australia) in Although F/Lt. Denecke’s career with the Her many years of dedication to the LAOH the office of Rep. BOB NEY of Ohio and the Michigan State Police has ended, he will con- resulted in her becoming a board member House Administration Committee, majority; tinue to serve the public as the Michigan Mu- some 12 years ago. This in turn led to her Kirstan Fulton (University of Wollongong) in nicipal Risk Management Authority’s Upper election as State President in July 2003 where the office of Rep. SAM FARR of California;

VerDate Aug 04 2004 04:39 Feb 16, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A15FE8.006 E15PT1 E234 CONGRESSIONAL RECORD — Extensions of Remarks February 15, 2005 Alethea Giles (Macquarie University) in the of- On rollcall vote No. 20 I would have voted environmental, efficient and neighborhood- fice of Rep. JERROLD NADLER of New York; ‘‘yea,’’ on rollcall vote No. 21 I would have friendly fashion. Sana Nakata (Melbourne University) in the of- voted ‘‘yea,’’ on rollcall vote No. 22 I would f fice of Rep. ALCEE HASTINGS of Florida; have voted ‘‘yea,’’ on rollcall vote No. 23 I Yvonne Oberhollenzer (University of Queens- would have voted ‘‘no,’’ on rollcall vote No. 24 A TRIBUTE TO JOYCE WILSON HARLEY, ESQ. land) in the office of Rep. LORETTA SANCHEZ of I would have voted ‘‘yea,’’ on rollcall vote No. California; Lauren Reed (Deakin University) in 25 I would have voted ‘‘yea,’’ on rollcall vote the office of the House Transportation and In- No. 26 I would have voted ‘‘yea,’’ on rollcall HON. BILL PASCRELL, JR. frastructure Committee, minority; Peita Rich- vote No. 27 I would have voted ‘‘no,’’ on roll- OF NEW JERSEY ards (Macquarie University) in the office of the call vote No. 28 I would have voted ‘‘yea,’’ on IN THE HOUSE OF REPRESENTATIVES House Administration Committee, minority; An- rollcall vote No. 29 I would have voted ‘‘yea,’’ Tuesday, February 15, 2005 thony Skews (Melbourne University) in the of- on rollcall vote No. 30 I would have voted Mr. PASCRELL. Mr. Speaker, I would like to fice of the House Science Committee, major- ‘‘yea,’’ on rollcall vote No. 31 I would have call to your attention the work of a woman I ity; Luke Toy (University of Canberra) in the voted ‘‘no.’’ am proud to represent in Congress, Joyce Wil- office of Sen. CHRISTOPHER DODD of Con- f son Harley, Esq. Ms. Harley was recognized necticut; and, Ariella Webb (Melbourne Univer- as a recipient of the Essex County Dr. Martin sity) in the office of the House Small Business INTRODUCTION OF BIKE COMMUTER ACT Luther King, Jr., Leadership Award on Feb- Committee, majority. ruary 15, 2005. In closing, Mr. Speaker, I am grateful to our It is only fitting that Joyce Wilson Harley be Australian friends for their unbridled enthu- HON. EARL BLUMENAUER honored in this, the permanent record of the siasm, tireless work ethic, and friendship over OF OREGON greatest freely elected body on Earth, for she these past two months. The relationships we IN THE HOUSE OF REPRESENTATIVES has a long career of dedication to public serv- have forged here will last a lifetime, and it is Tuesday, February 15, 2005 ice. my sincere hope that every congressional of- Joyce’s recognition today as a recipient of fice partake in a similar endeavor. Mr. BLUMENAUER. Mr. Speaker, today, the Essex County Dr. Martin Luther King, Jr. Congressman MARK FOLEY and I are intro- f Leadership Award is quite appropriate. As the ducing legislation to extend commuter benefits HONORING FREDERICK DOUGLASS first African American elected to the Board of to bicyclists. This important legislation includes Trustees for the Village of South Orange, IN CELEBRATION OF BLACK HIS- bicycles in the definition of transportation cov- TORY MONTH Joyce has been a leader and a role model in ered by the qualified transportation fringe ben- the African-American community. efit. After completing her honors degree at the HON. FRANK R. WOLF Currently, employers may offer a Transpor- Douglass College of Rutgers University, Joyce OF VIRGINIA tation Fringe Benefit to their employees for went on to complete her Juris Doctorate at IN THE HOUSE OF REPRESENTATIVES commuting to work. Employees who take ad- Rutgers Law School. In addition to serving as Tuesday, February 15, 2005 vantage of this program may receive a tax ex- a Village Trustee in South Orange, Joyce was emption benefit totaling $200 for participating Mr. WOLF. Mr. Speaker, in celebration of also elected Village President. in qualified parking plans or $105 for transit or Prior to assuming her current position as Black History Month, I would like to honor van-pool expenses. Employees may also opt Frederick Douglass, a great advocate of Executive Director of the Newark Downtown to take cash compensation instead, which is District, Joyce has held numerous positions in human rights. The Caring Institute along with subject to employment taxes. The Bike Com- the National Park Service is celebrating the the area of community and neighborhood de- muter Act would extend these same Transpor- velopment. One of her most prominent roles 187th birthday of Frederick Douglass with an tation Fringe Benefits to employees who event called ‘‘Honoring Frederick Douglass: A was during her tenure as the Executive Direc- choose to commute by bicycle, eliminating the tor of the New Jersey Multi City Local Initia- Celebration of Black History.’’ The celebration disincentive for this alternative mode of trans- was held at Ford’s Theatre on February 14. tives Support Corporation (LISC). Under her portation. leadership, NJ LISC expanded its investment Frederick Douglass was born into slavery, It’s time to level the playing field for bicycle and after eventually buying his freedom he in the 14 municipalities it serves to twice its commuters. Bicycling is one of the cleanest, original size. went on to become a popular orator, author healthiest, most energy-efficient and environ- and publisher. He fought against discrimina- Ms. Harley’s devotion to community devel- mentally friendly modes of transportation that opment extends far beyond simply completing tion of all types throughout his lifetime. Mr. exist today. Nearly 500,000 Americans already Douglass played a great role in bringing about the task at hand. Her efforts were instrumental ride their bicycles to work on a daily basis, in the state of New Jersey implementing a the abolition of slavery in America. He worked and 52 percent of Americans want to bike for women’s rights as well, stating, ‘‘I would Neighborhood Revitalization Tax Credit law. more than they do. According to the Bureau of This law brings $20 million in new investment give women the vote, precisely as I insisted Transportation Statistics, bicycles are second upon giving the colored man the right to vote. in New Jersey’s most distressed cities. only to cars as a preferred mode of transpor- Beyond her post with the Newark Downtown Right is of no sex—truth is of no color—God tation, demonstrating their significant potential District, Joyce also donates her time for other is the Father of us all and we are all breth- for commuter use. Many Americans own one worthy projects. She is currently the president ren.’’ Toward the end of his life, Mr. Douglass or more bicycles, but limit their use to rec- of the Board of Trustees of the Newark Emer- served as a recorder of deeds and marshall reational purposes. At a time when commu- gency Services for Families. Ms. Harley is for the District of Columbia and also as an nities across the country are seeking to re- also a past president of the Association of ambassador to Haiti. duce traffic congestion, improve air quality, in- I encourage my colleagues to remember Black Women Lawyers of New Jersey. crease the safety of their neighborhoods, and Mr. Speaker, I am far from the first to recog- this great man during this month honoring decrease petroleum dependence, bicycles nize the outstanding contributions of Ms. Har- those who have played such an important part offer a wonderful alternative to driving for the ley. In addition to receiving numerous awards in our Nation’s history. more than 50 percent of the working popu- for her work as the Director of Community De- f lation who commute five miles or less to work. velopment for First Union and Fleet Banks, PERSONAL EXPLANATION In addition, since the adoption of ISTEA in Joyce has also been recognized twice by the 1991, Federal spending on bicycle facilities New Jersey State Legislature. HON. ANNA G. ESHOO and infrastructure has increased dramatically, The New Jersey State Council on the Hu- contributing to a significant improvement in the manities awarded Joyce its first ever Civic OF CALIFORNIA bicycling environment in a variety of commu- Leadership award. In 2003 the Women in IN THE HOUSE OF REPRESENTATIVES nities. Support of the Million Man March awarded Tuesday, February 15, 2005 This legislation is an important step in mak- Joyce the coveted Community Relations Ms. ESHOO. Mr. Speaker, due to reasons ing the Federal Government a better partner award for her leadership in facilitating the re- beyond my control, I was unable to vote Feb- for more livable communities. The Federal ceipt of financial assistance by community ruary 8 through February 10 of this year. I Government should further support these groups throughout the state in order to com- would like the RECORD to reflect how I would goals by providing transportation benefits to plete much needed neighborhood revitalization have voted on the following votes. people who choose to commute in a healthy, projects.

VerDate Aug 04 2004 04:39 Feb 16, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A15FE8.010 E15PT1 February 15, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E235 Mr. Speaker, the job of a United States and for receiving the Career Achievement RECOGNIZING THE IMPORTANCE Congressman involves so much that is re- Award for Print from the Northern California OF ‘‘NO FEAR NO FUTURE’’ PRO- warding, yet nothing compares to learning Chapter of the Society of Professional Journal- GRAM IN LAFAYETTE, LA about and recognizing the extraordinary efforts ists. of individuals such as Ms. Harley. I ask that Although Tom retired from writing full time HON. CHARLES W. BOUSTANY, JR. you join our colleagues, Joyce’s family and for the Sun-Reporter in 1997, he still writes a OF LOUISIANA column and editorials for the paper, in which friends, the County of Essex, New Jersey and IN THE HOUSE OF REPRESENTATIVES me in honoring Joyce Wilson Harley, Esq. for he continues to be an advocate for truth, her history of leadership and community serv- equality, and social justice. By remaining ac- Tuesday, February 15, 2005 ice. tive in and dedicated to this work for over 70 Mr. BOUSTANY. Mr. Speaker, I rise today f years, Thomas Fleming has contributed im- to recognize the importance of NO FEAR NO measurably to Alameda County and the San FUTURE: A Campaign Against Drinking and HONORING THOMAS C. FLEMING Francisco Bay Area. On behalf of the 9th Con- Driving. This very worthwhile program is spon- gressional District, I salute and congratulate sored by the Junior League of Lafayette, LA HON. BARBARA LEE him for his many years of invaluable service. and is being presented today and tomorrow to OF CALIFORNIA f the very distinguished students of Acadiana IN THE HOUSE OF REPRESENTATIVES High School. HONORING MICHELLE GIANNETTA Tuesday, February 15, 2005 The purpose of this program is to promote responsible decisionmaking by high school Ms. LEE. Mr. Speaker, I rise today to honor HON. GEORGE RADANOVICH students regarding drinking and driving. The the extraordinary contributions of Thomas C. OF CALIFORNIA program demonstrates how irresponsible deci- Fleming, an icon in the history of African- IN THE HOUSE OF REPRESENTATIVES sions can end all dreams for both those who American journalism. Tom has led a distin- Tuesday, February 15, 2005 choose to drink and drive and those who end guished career as a print journalist for more Mr. RADANOVICH. Mr. Speaker, I rise up being the innocent victims of those drivers. than 70 years, working during the majority of today to honor Michelle Giannetta of Fresno, Too many families have been shattered be- that time for the African-American newspaper CA upon receiving the Champion of Hearts cause of irresponsibility, and it is my hope that he co-founded in 1944, the San Francisco Award from the American Heart Association. this program can change the mindset of our Sun-Reporter. On this date, the day before his Mrs. Giannetta will be presented with the young people and save lives. 97th birthday, Tom will be recognized in a Champion of Hearts A ward at the American I applaud the Junior League of Lafayette for ceremony marking not only the renaming of Heart Association’s Go Red for Women taking an interest in bettering the lives of our the library at New College of California, East Luncheon on Thursday, February 17th, 2005 future generations, and I applaud the students Bay in his honor, but also a lifetime of truly in Fresno, CA. of Acadiana High School for taking it upon outstanding achievement and leadership within Michelle Giannetta is a true inspiration to us themselves to guarantee that their friends and the black community as well as the journalistic all. As an active volunteer for her local Amer- classmates do not become a statistic. There profession. ican Heart Association chapter, Michelle has are choices that every student will be faced Born in Jacksonville, Florida, Tom spent his offered her personal experience to help others with. My hope is that through this campaign, early childhood years there with his grand- recognize the risk of heart disease. the bright students of Acadiana High School mother, who he believes was a former slave. Young and athletic, Michelle received the and of all schools throughout the 7th District, He then spent a brief period living in Harlem shock of her life when she discovered she suf- realize that drinking and driving is never an during the years leading up to World War I, fered from a rare heart condition. At the age option. NO FEAR really does mean NO FU- before finally moving to Chico, California in of 28, Michelle endured a near fatal heart at- TURE. 1919. Upon his graduation from Chico High tack when the artery into her heart spontane- f School in 1926, Tom worked as a bellhop for ously dissected. It is the same rare heart con- CHINA’S ANTI-SECESSION LAW the Admiral Line, and then as a cook for dition that took the life of actor John Ritter. Southern Pacific Railroad before entering the After undergoing a grueling triple bypass op- field of journalism in the 1930s as an unpaid eration, she remained under close watch in an HON. PETE SESSIONS writer for the Spokesman, a progressive black intensive care unit, surviving with the aid of a OF TEXAS newspaper in San Francisco. He soon re- balloon pump. Young and in peak physical IN THE HOUSE OF REPRESENTATIVES turned to Chico, however, and studied political condition, she realized that many, especially Tuesday, February 15, 2005 science at Chico State University for three se- young women, need to understand the threat mesters during the height of the Great De- of heart disease. Mr. SESSIONS. Mr. Speaker, in mid-Janu- pression. He then returned to the Bay Area, Since then, Michelle has worked tirelessly to ary China and Taiwan agreed to allow direct where he worked briefly for the Oakland Trib- increase awareness of heart disease through- flights between the Chinese mainland and Tai- une in 1934, making him the only black jour- out her community. She serves on numerous wan during this year’s Lunar New Year holi- nalist to work for a daily newspaper on the committees of her local American Heart Asso- days. This agreement was considered a West Coast. ciation chapter and has helped to organize breakthrough in cross-strait relations and In 1944, Tom became the founding editor of events, such as the Fresno Heart Walk, an could signal the beginning of a thaw in rela- a San Francisco newspaper called the Re- offshoot of the American Heart Association’s tions. Unfortunately, we learned that in March porter, which was soon merged with a paper National Heart Walk, an event that occurs this year Beijing will enact an anti-secession owned by his closest friend, legendary civil each year in some 600 cities and has raised law, the intent of which is to force unification rights leader Dr. Carlton B. Goodlett. The pub- more than $406 million for research and edu- on Taiwan. lication that emerged, the San Francisco Sun- cational programs. In addition, Michelle is a The anti-secession law assumes China’s ju- Reporter, is still in print, and is one of the local spokeswoman for the American Heart risdiction over Taiwan and gives China the longest-running African-American newspapers Association’s Go Red for Women campaign right to invade Taiwan when and if China con- in the country. During the civil rights move- launched in February 2004. siders the invasion necessary. This law se- ment, when many African-American publica- In addition to her volunteer efforts, Michelle verely erodes Taiwanese people’s goodwill for tions struggled to find enough advertising Giannetta continues to help others by serving China. In recent years, Taiwanese businesses money to keep them in business, Tom re- in my Fresno congressional district office as a have invested as much as $100 billion in mained devoted to the black press, and be- Staff Assistant, specializing in immigration China and have directly created the Chinese came renowned for the work he did reporting matters. miracle of unprecedented economic growth on this era. Throughout the 53 years he spent Michelle, together with her husband Bret, and prosperity. Instead of reciprocating Tai- writing for the Sun-Reporter, Tom met and have two sons, Alex and Matthew. wanese goodwill, China is now attempting to shared the struggles of several historic figures Mr. Speaker, I rise today to honor Michelle lay the legal groundwork for China’s possible in the black community, such as Langston Giannetta on the occasion of receiving the invasion of Taiwan. Hughes, Malcolm X, Thurgood Marshall, and American Heart Association’s Champions of Mr. Speaker, it is now time for us to speak Dr. Martin Luther King, Jr. He also became Heart Award. I urge my colleagues to join me up against China’s proposed anti-secession well-known for writing a series of eighty col- in wishing Michelle many more years of con- law. It is an unfriendly law against the Tai- umns entitled ‘‘Reflections on Black History,’’ tinued success. wanese people as well as a provocative law

VerDate Aug 04 2004 04:39 Feb 16, 2005 Jkt 039060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A15FE8.014 E15PT1 E236 CONGRESSIONAL RECORD — Extensions of Remarks February 15, 2005 threatening to change the status quo in the my legislative and political goals in Sac- their lives defending freedom and democracy. Taiwan Strait. It is possible that the peace-lov- ramento, confident in the knowledge that she We are grateful for their service. ing Taiwanese people may seek their own leg- was taking care of the home front, rep- During this month and throughout the year, islation against China’s annexation attempt. resenting me with dignity, loyalty, competence I encourage those living in California’s 32nd This will, in turn, inflame Chinese leaders and and integrity. Many of my constituents lives Congressional District and around the country provoke them to enact even harsher legisla- were better because of her efforts. to take the time to learn about the vast ac- tion against Taiwan. Consequently tensions A study in contrasts, Muff was slight of build complishments of African Americans and will rise and war in the Taiwan Strait will be- and soft of voice but had a ferocity and pas- honor African American history. come a possibility. sion for the righteous way that could bowl over f It is still not too late for the Chinese authori- those that stood in her way. Her earnest and REAL ID ACT OF 2005 ties not to enact the anti-secession law serious demeanor belied an incredibly droll wit against Taiwan. Taiwanese people and their and joyful bemusement for life’s whimsical SPEECH OF leaders are all peace-loving people who do turns. She was immune to the common polit- not seek to change the status quo in the Tai- ical affliction of taking herself too seriously. HON. MICHAEL T. McCAUL wan Strait. Why must China take upon itself to She saw and participated in the defeat and OF TEXAS unilaterally change the status quo? compromises of political life on a regular IN THE HOUSE OF REPRESENTATIVES Friends of Taiwan in the United States must basis, yet it never diminished her ardor for jus- Thursday, February 10, 2005 make clear to China that the United States will tice or her commitment for the less fortunate. The House in Committee of the Whole not stand idly by if China uses force against She was thrust into the flare of public life, but House on the State of the Union had under Taiwan. Taiwan Relations Act assures Taiwan remained a very private person. In a preening consideration the bill (H.R. 418) to establish of our concern over any military action against and boastful profession, she always main- and rapidly implement regulations for State Taiwan. The United States will not allow China tained the modesty, humility and empathy that driver’s license and identification document to impose its own style of government on the security standards, to prevent terrorists attracted so many of us to her in the first from abusing the asylum laws of the United unwilling Taiwan. Taiwanese people must be place. States, to unify terrorism-related grounds given their own voice of self-determination re- Muff left the Assembly in 1981 to become a for inadmissibility and removal, and to en- garding their future, and their liberty mustn’t full time mother and begin a new career—au- sure expeditious construction of the San be taken away from them by any adversary. thor of children’s books. She had already pub- Diego border fence. f lished her first book, the ‘‘Mystery Reader’s Mr. MCCAUL of Texas. Mr. Chairman, today Quiz Book’’, co-authored with Robert A. I rise in support of the Real ID Act. I would IN MEMORY OF MUFF SINGER Wager and Aneta Corsault. Muff wrote or co- like to thank Chairman SENSENBRENNER for his wrote more than 35 books for toddlers and leadership and determination to make America HON. HOWARD L. BERMAN preschoolers. In addition to picture books, she safer through reforms proposed in this legisla- OF CALIFORNIA co-wrote with Nancy Lamb a book for older tion. IN THE HOUSE OF REPRESENTATIVES children, ‘‘The World’s Greatest Toe Show,’’ As the former chief of counter-terrorism in Tuesday, February 15, 2005 which received great reviews. She often said the U.S. Department of Justice for the West- her favorite book was one written with her ern District of Texas, I had jurisdiction over the Mr. BERMAN. Mr. Speaker, I rise to pay daughter Sarah called ‘‘Look Around with Little Texas-Mexican border. I dealt firsthand, with tribute to the memory of Muff Singer, my Fish.’’ the day-to-day threats our nation faced, and former administrative assistant and dear Muff is survived by her husband, former Los asked the question, ‘‘Why aren’t we doing friend. After a long and bitter fight with ovarian Angeles City Controller Rick Tuttle, her daugh- more to secure our borders?’’ cancer Muff died on January 16, 2005. ter Sarah, her parents Bernard and Goldryn The House took an initial step toward an- Muff was born in Chicago, February 14, Singer, sister Caren and a niece and nephew. swering this question when it passed the his- 1942, and early in life she became involved Mr. Speaker, I asked my colleagues to join toric 9–11 legislation last December. Unfortu- with the struggle for progressive social change me to honoring the legacy of Muff Singer who nately, some key border security and immigra- through the political process. While at the Uni- lived an incredible, fulfilling and inspirational tion reform provisions were not included in versity of Texas in the early 1960s she partici- life. that measure. Today we must change that and pated in civil rights picket lines, protesting the f give our nation more security. racial segregation of the University dormitories And today we truly have the opportunity to and Austin movie theaters. Muff led the way HONORING AFRICAN AMERICAN better our border security and political asylum for the racial integration of one of the Univer- HISTORY MONTH laws. sity’s honor societies. She graduated Phi Beta In 1993 Ramzi Yousef, soon to become the Kappa in 1964 and then attended New York HON. HILDA L. SOLIS world’s most wanted terrorist, arrived at Ken- University for a year of graduate work in his- OF CALIFORNIA nedy airport carrying a fraudulent Iraqi pass- tory. She joined the Peace Corps in 1965 and IN THE HOUSE OF REPRESENTATIVES port and told the INS he was fleeing the op- taught language for two years at the Iwahig pressive regime of Saddam Hussein. He Tuesday, February 15, 2005 Penal Colony on the Island of Palawan, Phil- asked for political asylum and was given a ippines. She returned to California to work in Ms. SOLIS. Mr. Speaker, I rise to recognize summons to appear at a hearing. But instead, the presidential campaign of Senator Robert and honor the past and present achievements this expert bomb maker ignored that order and F. Kennedy in 1968 during which time she met of African Americans as we celebrate African joined his fellow classmates from the Bin her future husband Rick Tuttle. American History Month. Laden academy to form the first Al Qaeda cell I was introduced to Muff through Rick Tuttle, African Americans in arts, business, edu- in the United States. On February 26, 1993 my good friend from UCLA. Muff became my cation, literature, music, politics, science and Ramzi Yousef and his fellow terrorists deto- campaign coordinator for my first race for the sports have helped shape the nation. Over- nated a bomb in the World Trade Center. Re- California State Assembly, performing Hercu- coming enormous obstacles and racial bar- markably, the towers remained standing. They lean tasks 18 hours a day, seven days a riers, the African American community has were supposed to fall that day, one toppling week, for more than seven months. In an un- made enormous contributions to our everyday over the other killing everyone inside. That believably chaotic, extremely competitive and world. Let us remember not only outstanding day would come later. often nasty political campaign, she conducted heroes such as Dr. Martin Luther King Jr., Many of those of intent on doing our nation herself with strength, determination, grace and Frederick Douglass, and former Congress- harm claim political asylum as their Trojan aplomb. woman Shirley Chisholm, but also the extraor- horse to gain access to our borders. Yet a For ten years, she was my Administrative dinary lives of ordinary people who have majority of those given notices fail to show up Assistant, running my district office while I helped build our great nation. at those hearings. We cannot afford or allow served in the State Assembly. I could have This year, I want to acknowledge and thank another Ramzi Yousef to cross our border. done no better. She led, inspired and moti- the thousands of the African Americans serv- Our laws should not protect terrorists like vated a remarkable staff and dealt with a ing in the Armed Services. African Americans Ramzi Yousef who hide behind the privileges plethora of constituent demands—always with have fought with distinction in every war since and rights of political asylum. dedication, good judgement and tenacity. With the Revolutionary War. We honor this proud This bill will make it easier to deport sus- Muff at the helm, I was able to concentrate on history and all African Americans who risk pected terrorists.

VerDate Aug 04 2004 04:39 Feb 16, 2005 Jkt 039060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A15FE8.018 E15PT1 February 15, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E237 But we have also seen terrorists take ad- The family has either exhausted their private interagency cooperation. The task force is also vantage of other holes in our laws. The nine- health insurance benefits, or their benefits do required to provide biannual reports to Con- teen hijackers on September 11, 2001 had not cover required mental health services (e.g. gress on its progress in improving the delivery fraudulently obtained dozens of American Residential Treatment Program). of mental health services to seriously ill chil- visas, passports and driver’s licenses, docu- The family lives in a State or jurisdiction in dren. which Medicaid services do not adequately ments used to open bank accounts, establish The bill also provides States with the option address mental health needs, and agency residency, and yes to fly airplanes. This bor- of moving children out of hospital-based psy- placement provides access or priority status der security legislation provides the safety chiatric care and into home- and community- for entry into needed care. measure, that to obtain a driver’s license, one based care options, which will allow them to The family lives in a State or jurisdiction in of the most commonly used forms of identi- remain with their families. fication in the United States, a person must which children are deprived of federally man- simply prove they have the legal right to re- dated mental health services through the Indi- The ‘‘Keeping Families Together Act’’ is an main in our nation. viduals with Disabilities Act (IDEA) as a result important first step toward eliminating child For the safety and security of this nation, of an exceedingly restrictive definition of seri- custody relinquishment. I look forward to work- our families, and most of all our freedom, I ous emotional illness. That is, these schools ing with my colleagues to quickly enact this urge my colleagues to support these common- often label these children as solely ‘‘discipline legislation so States can develop innovative sense proposals. The 9–11 commission rec- problems.’’ new programs that address these children’s ommended these ideas,and we owe it to the The family lives in a State or jurisdiction in mental health needs while keeping their fami- victims of that national tragedy to pass this which the local child welfare system erro- lies together. Once we’ve learned what has ef- legislation. If we fail to do so and another ter- neously interprets Federal law (Title IV–E of fectively worked at the State level to restruc- rorist attack occurs on our soil then we will all the Foster Care and Adoption Assistance Pro- ture these programs, we will need to return to be held accountable. gram) as requiring relinquishment of custody this issue at the Federal level and enact broad f even for temporary out-of-home placements. legislation to end the practice of forced child As all of these reports highlight, families are custody relinquishment nationwide. INTRODUCING THE KEEPING acting out of desperation to get immediately FAMILIES TOGETHER ACT needed mental health services for their chil- f dren. The juvenile justice and child welfare HON. FORTNEY PETE STARK systems have become the mental health pro- TRIBUTE TO ADA’S GIVE KIDS A OF CALIFORNIA viders of last resort for far too many families. SMILE PROJECT IN THE HOUSE OF REPRESENTATIVES Both the child welfare system and juvenile justice systems are ill-equipped to meet these Tuesday, February 15, 2005 children’s needs. Even worse, the psycho- HON. ERIC CANTOR Mr. STARK. Mr. Speaker, I rise to join Con- logical bond between parent and child is un- OF VIRGINIA gressmen RAMSTAD and KENNEDY in intro- necessarily disrupted. Their children feel aban- ducing the bipartisan, bicameral ‘‘Keeping doned and their parents feel guilty over turning IN THE HOUSE OF REPRESENTATIVES Families Together Act.’’ This bill would help their parental rights and decisionmaking au- parents obtain necessary mental health treat- thority to a State agency. Tuesday, February 15, 2005 ment for their severely emotionally disturbed The stigma is real to families themselves Mr. CANTOR. Mr. Speaker, earlier this children without being forced to relinquish and to those around them. Good parents don’t month, on Friday, February 4, the American them into State custody to get that care. Sen- have their children taken away. But, in fact, Dental Association marshaled thousands of ators SUSAN COLLINS (R–ME) and MARK the need to relinquish custody in these in- dentists and other volunteers across the coun- PRYOR (D–AK) are introducing the companion stances doesn’t have anything to do with par- try to provide dental services to hundreds of legislation in the Senate. enting skills. It has everything to do with our thousands of children who otherwise would No family should be required to relinquish system being broken and continuing to allow not receive them. legal custody of their mentally ill child to a these children with significant mental health State child welfare agency or the juvenile jus- needs to fall through the cracks. The year 2005 marks the third consecutive tice system as their only means of obtaining We have known about this problem for year for the ADA’s Give Kids A Smile/National desperately needed mental health services. many years. In fact, I first introduced legisla- Children’s Dental Access Day, a project the Yet as Maryland resident Diana Miller re- tion in 1995 attempting to address this issue. ADA and its 152,000 member dentists are counted to me last year, State officials gave Since then I have been working with my col- committed to continuing until the nation’s most her this exact ultimatum when she sought po- leagues to educate the public and other mem- vulnerable children have access to proper tentially life-saving mental health care for her bers of Congress about this issue and to find dental care. daughter, Erica. a bipartisan solution. In what former Surgeon General Dr. David Tragically, Diana and Erica Miller are not Our legislation, the ‘‘Keeping Families To- Satcher called a ‘‘silent epidemic,’’ millions of alone in their predicament. In April 2003, the gether Act’’ is the result of this bipartisan and American children suffer with painful, dis- GAO reported that parents in 19 States placed bicameral process. Our bill provides new fund- figuring and preventable dental disease. They over 12,700 children in State child welfare or ing to States that are willing to develop sys- cannot eat or sleep properly, cannot pay at- juvenile justice agencies in 2001 to obtain tems that assure these children get the mental tention in school, cannot smile. They deserve mental health services for them. We know that health services they need without pulling apart better. the nationwide number is even higher because their families. 31 States did not respond to the survey. It provides $55 million over 6 years in new ADA, its corporate partners and the thou- According to GAO, these middle class par- family support grants to States that are willing sands of individuals who participate in Give ents find themselves trapped between not to end the practice of child custody relinquish- Kids A Smile are determined to wake the na- having the resources to pay for private mental ment and cover all these children’s mental tion up to the extent and severity of untreated health care and making too much money for health services under Medicaid, CHIP or any dental disease among disadvantaged children. their children to be eligible for Medicaid. Par- other health program of their choosing. These I urge every member of this House to join ents are therefore forced to choose between monies can then be used to improve access them in that effort. One important way we can not treating their child’s severe illness and to mental health and family support services do that is to show our support by attending transferring custody to the State, which has that keep families together. They can also be one or more Give Kids A Smile events in our the resources to provide the necessary care. used to create Statewide care coordination home districts. You may be dismayed by the Families wind up torn apart at the expense of programs and to deliver mental health care conditions some of these children live with, but the taxpayers. and family support services for these families. you’ll also be inspired by the spirit, energy and A Bazelon Center for Mental Health Law fur- Additionally, the bill establishes a Federal generosity of your constituent volunteers. ther elaborated on the situations that cause interagency task force. The task force will Please contact your state or local dental as- parents and guardians to give up their seri- monitor the family support grants and work sociation and show your support for Give Kids ously emotionally disturbed children to State with representatives of affected families to A Smile. Your doing so will lend momentum to agencies. These situations include the fol- make recommendations to Congress to im- the quest for long-term solutions and be a lowing: prove mental health services and to foster wonderful inspiration to the volunteers.

VerDate Aug 04 2004 04:39 Feb 16, 2005 Jkt 039060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A15FE8.022 E15PT1 E238 CONGRESSIONAL RECORD — Extensions of Remarks February 15, 2005 CHINA’S PROPOSED ANTI- adapted from Michelangelo’s design for the Negro College Fund Corporation Committee SECESSION LAW ceiling of the Laurentian Library in Florence and the Federal Reserve Bank of New York and boasts more than 800 current magazines Small Business Advisory Council. HON. MICHAEL K. SIMPSON and newspapers. Prior to his election to the New Jersey Gen- OF IDAHO While an architectural marvel, the library eral Assembly, Bill bad transitioned into the IN THE HOUSE OF REPRESENTATIVES also assists the community with bridging the private sector, establishing William Payne and link between all cultures and nationalities by Associates. Having an extensive background Tuesday, February 15, 2005 providing special services to Bosnian, African, in community service, international govern- Mr. SIMPSON. Mr. Speaker, I join my col- Hispanic, German and Asian members of the ment relations and the corporate world; As- leagues in expressing my grave concern over community through extensive access to books semblyman Payne’s company specializes in China’s proposed anti-secession law. This and films in their own language. The Library is government relations and marketing. highly provocative law greatly increases the also involved in community outreach efforts In 1998, William Payne reached the pin- risk of a military confrontation across the Tai- providing book services to day care and senior nacle moment of his career, when he was wan Strait. Specifically, it assumes China and centers. It also provides the gift of reading to elected to represent the 29th Legislative Dis- Taiwan are now unified, and it gives China the those who are home-bound by operating trict of New Jersey. Bill holds many positions right to punish anyone expressing separatist bookmobiles and sending books through the within the legislature including Commissioner sentiments or engaging in separatist activities. mail. of the Amistad Commission. This commission Ultimately, China may use force to push for Mr. Speaker, the Central Branch of the St. is a result of his diligent efforts to pass The unification with Taiwan, a scenario we all must Louis Public Library has been recognized for Amistad Act, a law which requires the inclu- work to prevent. This law would have serious its historic beauty and architectural wonder, sion of African-American history in the year- consequences for relations between China and its commitment to serving an ever chang- round curriculum for New Jersey’s public and Taiwan, and it would threaten stability in ing landscape of cultures and nationalities; it schools. the region. deserves to be honored for its vital role in The County of Essex and I are far from the In my district, Idaho State University has de- educating the leaders of tomorrow. first to recognize the many accomplishments veloped a unique program, the only program f of Assemblyman Payne. He has been honored of its kind in the United States, to provide a by many community organizations including language and cultural education program for A TRIBUTE TO THE HONORABLE The Jaycees, the NAACP, The North Ward junior diplomatic officers in the Ministry of For- WILLIAM D. PAYNE Cultural Center and the Newark Board of Edu- eign Affairs. I have spent time discussing the cation to name a few. American political system and current events HON. BILL PASCRELL, JR. Mr. Speaker, the job of a United States in Taiwan with the junior diplomats, and they OF NEW JERSEY Congressman involves so much that is re- have repeatedly expressed their country’s de- IN THE HOUSE OF REPRESENTATIVES warding, yet nothing compares to recognizing sire to avoid confrontation with China. These Tuesday, February 15, 2005 the extraordinary efforts of public servants like students look to the United States as a model Bill Payne. I ask that you join our colleagues, of freedom and democracy. Mr. PASCRELL. Mr. Speaker, I would like to Bill’s family and friends, the great County of Mr. Speaker, we do not need military con- call to your attention the life and work of a Essex, New Jersey and me in recognizing As- frontation in the Taiwan Strait now or anytime man whose many achievements I am proud to semblyman William D. Payne for his long his- in the future. I urge the Chinese leaders to re- recognize today, the Honorable William D. tory of leadership and community service. Payne. Assemblyman Payne was recognized ject the anti-secession law, and I hope the f international community will join us in voicing as a recipient of the Essex County Dr. Martin their disapproval of this provocative and dan- Luther King, Jr. Leadership Award. It is only A PROCLAMATION RECOGNIZING gerous law. Inaction by the United States will fitting that he be honored in this, the perma- JO ANN DAVIDSON only serve to encourage China to escalate its nent record of the greatest freely elected body political rhetoric and belligerent action against on Earth. HON. ROBERT W. NEY the democratic Taiwan. After completing a Bachelor of Arts in Polit- OF OHIO ical Science at Rutgers University, Bill began f IN THE HOUSE OF REPRESENTATIVES his professional career with the Essex County TRIBUTE TO THE CENTRAL Welfare Board as a caseworker. His commit- Tuesday, February 15, 2005 BRANCH OF THE ST. LOUIS PUB- ment to public service commenced during his Mr. NEY. Mr. Speaker: LIC LIBRARY tenure as a caseworker and continues today. Whereas, Jo Ann Davidson has been se- Bill’s involvement in politics started long be- lected to serve as the co-chairman of the na- HON. WM. LACY CLAY fore his career in the New Jersey Legislature. tional Republican Party; and, OF MISSOURI As the chairman of the Payne Congressional Whereas, Jo Ann Davidson was the first IN THE HOUSE OF REPRESENTATIVES Campaign Committee in 1988, Bill success- woman to serve as Speaker of the Ohio fully led the effort to elect his brother, DONALD, House, maintained a 20 year career in the Tuesday, February 15, 2005 to the United States House of Representa- Ohio House, and was a driving force behind Mr. CLAY. Mr. Speaker, I rise today to pay tives. This was not only a victory for the the passage of a complex electricity deregula- tribute to the Central Branch of the St. Louis Payne family, but one for the African American tion bill in 1999; and Public Library. I am extremely honored to community of New Jersey as well. DONALD Whereas, Jo Ann Davidson should be com- commend them for being recognized as one of PAYNE was the first African-American elected mended for her work during the grassroots ef- the 12 most beautiful and historic libraries in to represent New Jersey in the House of Rep- forts of the 2004 Ohio Republican Party cam- the world. They further hold the distinction as resentatives. paign in the Ohio Valley region. being only one of three U.S. libraries chosen Bill has held several positions that exemplify Therefore, I join with the residents of the en- for this honor. his devotion to his community. As executive tire 18th Congressional District of Ohio in hon- The Central Library building is one of St. director of One to One New Jersey, Bill oring and congratulating Jo Ann Davidson for Louis’s architectural treasures. Architect Cass oversaw a non-profit organization dedicated to her outstanding appointment. Gilbert who was the architect for the Saint encouraging volunteerism and mentoring f Louis Art Museum, the U.S. Supreme Court among New Jersey adults. The participants in Building in Washington, DC, and the Wool- the program worked to improve the quality of LEADER IN EDUCATION worth Building in New York City was selected life for disadvantaged youths and their fami- to design the building, which opened in 1912. lies. HON. JIM COSTA The Central Branch occupies one city block His commitment to the Essex County com- OF CALIFORNIA and features beautiful stained glass windows, munity was evident during his tenure with the IN THE HOUSE OF REPRESENTATIVES hand-stenciled ceilings and glass floors. The Essex County Improvement Authority and the exterior of the building is granite with marble Newark Housing Authority, the country’s 8th Tuesday, February 15, 2005 panels and relief carvings, decorative medal- largest public agency. Bill has also donated Mr. COSTA. Mr. Speaker, I rise today to lions, notable authors and inspirational inscrip- his time to the Greater Newark Chamber of honor and congratulate Dr. Pete Mehas, of tions. The Periodical Room’s carved ceiling is Commerce Executive Committee, the United Fresno California. Dr. Mehas has been Fresno

VerDate Aug 04 2004 04:39 Feb 16, 2005 Jkt 039060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A15FE8.026 E15PT1 February 15, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E239 County’s Superintendent of Schools since rialized one day.’’ It looks like that day is get- Welcoming the close cooperation between 1990, and is being honored by the Kremen ting closer. the Pakistani Punjab and the Indian Punjab, School of Education and Human Develop- The government of Punjab acted last year Mr. Mann claimed it was he who had initi- ated this move by demanding way back in ment. to cancel all water agreements with the other 1990 that the border between the two Punjabs Dr. Mehas was born and raised in Fresno, states in India, by which Punjab’s water was should be opened up for the people to cross graduated from Fresno High in 1957, and being diverted to those other states. In so over. earned his Bachelor’s degree from California doing, they declared the sovereignty of the To a question on the demand of the Dal State University, Fresno. He continued his state of Punjab. Imagine that, Mr. Speaker. Khalsa that ban on cow slaughter in Punjab education at University of California, Los An- They are openly claiming their sovereignty. should go, Mr. Mann said he or his geles, where he received his Master’s degree, This is good to see. organisation had nothing to do with that and went on to University of Southern Cali- Mr. Speaker, when India became inde- organisation (Dal Khalsa). At the same time, fornia, where he secured a Doctorate in Edu- pendent, the Sikhs were supposed to get an he said, he or his party would not like to hurt the sentiments of a majority of people cation. independent state in Punjab. But the Indian as ‘‘Hindus held the cow to be sacred and Pete has served the public for many years leaders assured them they would have ‘‘the their sentiments should be respected’’. as an educational advocate. He was Secretary glow of freedom’’ there, so they stayed with Mr. Mann also accused Shiromani Akali of Education to Governor George Deukmejian, India. Well, that ‘‘glow of freedom’’ has taken Dal leader Parkash Singh Badal of having and also a member of the California State the lives of over 250,000 Sikhs as well as over connived with Hindu organisations in demol- Board of Education and Board of Governors 300,000 Christians in Nagaland, over 89,000 ishing the Babri mosque. He alleged that Mr. for California Community Colleges. Kashmiri Muslims, and tens of thousands of Badal had sent a special jatha, led by Mr. His efforts have not gone unnoticed—Dr. other minority people. It has resulted in 52,268 Avtar Singh Hit, to Ayodhaya on December Mehas has been appointed by four presidents 6, 1992, to join the kar sevaks for demol- Sikhs being held as political prisoners under a ishing the Babri mosque. and three governors to major commissions, repressive law called TADA that expired in boards, and advisory committees committed to 1995. It is time for real freedom for the Sikhs, f making education a priority throughout our Na- the Nagas, the Kashmiris, and all people in tion. He has appeared on national television’s the subcontinent. IN HONOR OF JOE HARRIS NBC’s ‘‘Today’’ show and ABC’s ‘‘Good Morn- The essence of democracy is self-deter- ing America,’’ and was the only educator in- mination. If India wants to be treated as a de- HON. MICHAEL C. BURGESS vited to address the National Republican Con- mocracy, it must allow self-determination and vention in Houston, Texas in 1992. all other rights to all its citizens. We should not OF TEXAS Dr. Mehas’ accomplishment list is long and provide any money to India until it does. In IN THE HOUSE OF REPRESENTATIVES includes USC School of Education Distin- 1948, India promised to hold a plebiscite to let Tuesday, February 15, 2005 guished Lecturer, CSU Fresno School of So- the people of Kashmir decide their status. It’s Mr. BURGESS. Mr. Speaker, I rise today to cial Science Distinguished Alumni Award, now 56 years later and they are still waiting. honor the life-long service of Joe Harris. Mr. Honorary Life Member in the National Con- Similarly, the demand for self-determination in Harris, hailed as a man who always put every- gress of Parents and Teachers, NAACP Presi- Khalistan, in Nagaland, and elsewhere has one before himself, spent the last 34 years of dents Award, Rose Ann Vuich Ethical Leader- been met with nothing but violent resistance. his life serving my constituents as a fire fighter ship Award, and most recently the Kremen Is that democracy, Mr. Speaker? Is that free- in the City of Denton, Texas. Mr. Harris not School of Education and Human Development dom? only served the people of Denton County but ‘‘Noted Alumni Recipient’’ for significant con- The Tribune, a newspaper in Chandigarh, also his family and co-workers with the en- tributions in the field of education. Punjab, carried excellent coverage of Mr. couragement, warmth and generosity that de- His efforts have been exhaustive, and we Mann’s remarks in its December 8 issue. I fined his life. are continually lucky that his family, wife Demi would like to place that article in the RECORD The recent death of Mr. Harris came after and daughters Alethea and Andreanna have at this time for the information of my col- years of fighting cancer. He had recently re- been willing to share all that Dr. Mehas has to leagues. offer—he has made an amazing impact on our tired so he could spend more time with his [From the (Chandigarh, India) Tribune, Dec. family. During his career as a public servant, community. 8, 2004] Mr. Harris took pride in each task that he was f MANN REVERTS TO SOVEREIGN PUNJAB THEME given. His contagious personality and love for SIKH LEADER AGAIN SPEAKS OUT LUDHIANA, Dec. 7.—Shiromani Akali Dal those whom he saw day after day went far be- FOR FREEDOM FOR KHALISTAN (Amritsar) supremo Simranjit Singh Mann yond his call of duty. A life-long citizen of my yesterday reverted to the theme of sovereign Punjab, declaring that his party would district, Mr. Harris served not only my constitu- HON. EDOLPHUS TOWNS launch a peaceful movement to realise this ents but our country in the United States OF NEW YORK dream. He said his party had never given up Coast Guard. Mr. Harris was steadfast in his the demand for a separate and sovereign IN THE HOUSE OF REPRESENTATIVES life of service, and I have no doubt that he has Punjab as the Sikhs’ was a separate nation- inspired everyone who came to know him. Tuesday, February 15, 2005 ality, foundations of which had been laid Mr. Speaker, it is with great honor that I Mr. TOWNS. Mr. Speaker, there are encour- down by Guru Gobind Singh himself. stand here today to commemorate the life of Mr. Mann, who was here to preside over a aging developments in the fight for freedom meeting of the party office-bearers at Joe Harris; one of our fellow public servants. for minorities in India. It looks like the people Gurdwara Akalgarh, said to ensure lasting May his work be a guide and inspiration to us of Nagaland are making progress in their ne- peace in South Asia in the face of deep hos- all. gotiations with India to achieve autonomy. tility between ‘‘Hindu civilisation (India) This is a potentially significant development and Muslim civilisation (Pakistan)’’, it was f that will begin, at long last, the unraveling of in the interest of the people of the region to the web of Indian oppression. Can Kashmir create a neutral and buffer sovereign state. PERSONAL EXPLANATION and Khalistan be far behind? He maintained that the foundations for a separate sovereign Sikh state had been laid To add to this, the fire of freedom continues down by Guru Gobind Singh and Banda HON. ROSCOE G. BARTLETT to burn as brightly as ever in Punjab, Singh Bahadur followed by Maharaja Ranjit OF MARYLAND Khalistan. On December 7, a Sikh leader Singh. This dream was furthered by ‘‘Sant IN THE HOUSE OF REPRESENTATIVES named Simranjit Singh Mann, who is a former Jarnail Singh Bhindranwale’’ and ‘‘would be Member of India’s Parliament and has held materialised one day’’. He said since both Tuesday, February 15, 2005 events right here in the Capitol and met many Pakistan and India had nuclear weapons, it Mr. BARTLETT of Maryland. Mr. Speaker, Members of Congress, again spoke out for was necessary that some buffer state should on rollcall vote No. 31, I had thought that I had independence for the Sikh homeland, be created so that the two countries did not voted and that the machine had accepted my come face to face with each other. Khalistan. Mr. Mann put his party, the Akali Mr. Mann refused to give the geographical vote. Apparently, it did not; therefore, I ask Dal, Amritsar, on record for independence. He outline of the ‘‘sovereign state’’ envisioned unanimous consent that the CONGRESSIONAL pledged that he would lead a peaceful move- by him. He evaded an answer to a question RECORD show that had my vote been accept- ment for independence, which he said was a whether it included the part of the state ed, I would have voted ‘‘yes’’ on rollcall No. dream of the Sikh people that ‘‘will be mate- which is now with Pakistan. 31.

VerDate Aug 04 2004 04:39 Feb 16, 2005 Jkt 039060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A15FE8.030 E15PT1 E240 CONGRESSIONAL RECORD — Extensions of Remarks February 15, 2005 A PROCLAMATION HONORING The time has come to let India know that we came independent, Sikhs were equal partners GLENNA BLACK ON HER 92ND are watching and to let them know that this is in the transfer of power and were to receive BIRTHDAY unacceptable. their own state, but the weak and ignorant There are steps that we can take to support Sikh leaders of the time were tricked into staying with India on the promise that they HON. ROBERT W. NEY the rights of all people in south Asia. It is time would have ‘‘the glow of freedom’’ and no OF OHIO that we take these steps. They include cutting law affecting the Sikhs would pass without IN THE HOUSE OF REPRESENTATIVES off our aid and trade with India and putting the their consent. Sikhs ruled an independent Congress on record in support of self-deter- and sovereign Punjab from 1710 to 1716 and Tuesday, February 15, 2005 mination for the Sikhs of Punjab, Khalistan, again from 1765 to 1849 and were recognized Mr. NEY. Mr. Speaker: the Christian people of Nagaland, the by most of the countries of the world at that Whereas, Glenna Black was born on Feb- Kashmiris, and all the people of South Asia time. Sikhs do not accept the Indian con- ruary 16, 1913 and is celebrating her 92nd who are seeking freedom. Only by exercising stitution. No Sikh representative has ever birthday; and signed it. their right to self-determination, which is the Indian police arrested human-rights activ- Whereas, Glenna Black has been a positive essence of democracy, can the people there influence on those individuals who have been ist Jaswant Singh Khalra after he exposed finally live in freedom, peace, and prosperity. their policy of mass cremation of Sikhs, in fortunate to meet her; and Mr. Speaker, I would like to place the Coun- which over 50,000 Sikhs have been arrested, Whereas, Glenna Black has remained active cil of Khalistan’s very informative press re- tortured, and murdered, then their bodies among her community and friends; and lease on the denial of bail to these Sikh activ- were declared unidentified and secretly cre- Whereas, Glenna Black has exemplified a ists into the RECORD at this time. mated. Khalra was murdered in police cus- life of love and dedication to all of her family [From Council of Khalistan] tody. His body was not given to his family. and friends. No one has been brought to justice for the BAIL DENIED FOR 11 SIKHS ARRESTED FOR kidnapping and murder of Jaswant Singh Therefore, I join with the family and friends HOISTING SIKH FLAG IN AMRITSAR—IS THIS Khalra. The police never released the body of of Glenna and the residents of the entire 18th DEMOCRACY, FREEDOM OF SPEECH? former Jathedar of the Akal Takht Gurdev Congressional District of Ohio in wishing Glen- Eleven Sikhs who were arrested for raising na Black a very happy 92nd birthday. Singh Kaunke after SSP Swaran Singh the Sikh flag on Republic Day, January 26, Ghotna murdered him. He has never been f have been denied bail. Thirty-five Sikhs were tried for the Jathedar Kaunke murder. In charged and 31 are being held. They raised SIKHS ARRESTED FOR RAISING 1994, the U.S. State Department reported the saffron flag of Khalsa Raj at Gurdwara that the Indian government had pad over FLAG ARE DENIED BAIL Shaheed Ganj in Amritsar. They have been 41,000 cash bounties for killing Sikhs. charged with sedition and ‘‘making inflam- India is not one country; it is a polyglot HON. EDOLPHUS TOWNS matory speeches.’’ Khalsa Raj Party Presi- thrown together for the convenience of the dent Dr. Jagjit Singh Chohan said that they OF NEW YORK British colonialists. It is doomed to break up had raised the flag according to Sikh IN THE HOUSE OF REPRESENTATIVES as they did. Last year, the Punjab Legisla- tradion. tive Assembly passed a bill cancelling the Tuesday, February 15, 2005 Punjab Pradesh Congress Party President government’s daylight robbery of Punjab Hanspal said, ‘‘We will not allow them to Mr. TOWNS. Mr. Speaker, on January 26, river water. The Assembly explicitly stated raise their heads for Khalistan.’’ Maninder the sovereignty of Punjab. India celebrated its Republic Day, the anniver- Singh Bitta, President of the All-India sary of the adoption of its constitution. On that ‘‘I urge the international community to Youth Congress, demanded that Dr. Chohan help us free Khalistan from Indian occupa- day a group of Sikh activists raised the Sikh and others be deported to Pakistan, claiming tion,’’ Dr. Aulakh said. ‘‘Freedom is the flag at a Gurdwara in the city of Amritsar in they are Pakistani agents. Former Chief birthright of all people and nations,’’ he said. accordance with Sikh tradition. For this, com- Minister Badal said, ‘‘We will not permit the ‘‘The arrest and denial of bail for these ac- plaints were issued against 35 Sikhs and 31 militancy to raise its head again.’’ tivists for raising the Sikh flag and making ‘‘How can India call itself democratic when speeches shows that there is no freedom for have been arrested. it suppresses a basic right like freedom of Sikhs within India,’’ he said. ‘‘As Professor Now eleven of them have had their bail de- speech?,’’ said Dr. Gurmit Singh Aulakh, Darshan Singh, a former Jathedar of the nied, keeping them in detention. The Punjab President of the Council of Khalistan, which Akal Takht, said, ‘If a Sikh is not for and Haryana High Court has ruled that speak- leads the Sikh struggle for freedom. ‘‘The Khalistan, he is not a Sikh’,’’ Dr. Aulakh ing out for Khalistan is not a crime, yet they Punjab and Haryana High Court has already noted. ‘‘We must continue to press for free- ruled in the case of the late Colonel Partap are charged with ‘‘sedition’’ and ‘‘making in- dom,’’ he said. ‘‘Without political power, re- Singh that speaking in support of freedom flammatory speeches’’ for raising a flag and ligions cannot flourish and nations perish. A for Khalistan is not a crime,’’ Dr. Aulakh speaking out for freedom for the Sikh home- sovereign Khalistan is essential for the sur- said. ‘‘How can these activists be arrested for land. vival of the Sikh religion and the Sikh Na- something that is not a crime?’’ Mr. Speaker, what kind of democracy is The Indian government has murdered over tion.’’ this? The Movement Against State Repression 250,000 Sikhs since 1984, more than 300,000 f (MASR) was already reporting that India held Christians since 1948, over 90,000 Muslims in 52,268 political prisoners. These activists add Kashmir since 1988, and tens of thousands of LEADER IN EDUCATION 11 to that number. Tamils, Assamese, Manipuris, Dalits, Bodos, This is just the latest illustration that exer- and others. The Indian Supreme Court called HON. JIM COSTA the Indian government’s murders of Sikhs cising your freedom of speech can be a very OF CALIFORNIA dangerous thing in India if you are a minority. ‘‘worse than a genocide.’’ According to a re- port by the Movement Against State Repres- IN THE HOUSE OF REPRESENTATIVES India has a pattern of repression. It has killed sion (MASR), 52,268 Sikhs and tens of thou- Tuesday, February 15, 2005 over 250,000 Sikhs since 1984, more than sands of other minorities are being held as 300,000 Christians in Nagaland, over 90,000 political prisoners in India without charge or Mr. COSTA. Mr. Speaker, I rise today to Kashmiri Muslims, thousands of other Chris- trial. Some have been in illegal custody honor and congratulate Rutherford ‘‘Bud’’ Gas- tians and Muslims throughout the country, and since 1984! We demand the immediate release ton, Sr., of Fresno, California. Bud has re- tens of thousands of Assamese, Bodos, Dalits of all these political prisoners. ceived many noted awards throughout the (the aboriginal people of South Asia), ‘‘The Sikh Nation is indebted to the lead- years and most recently he is a recipient of Manipuris, Tamils, and others. The U.S. State ers of Dal Khalsa who raised the Sikh flag, the Kremen School of Education and Human including Harcharan Singh Dhami, Presi- Department reported in 1994 that the Indian dent, Kanwarpal Singh Bittu, General Sec- Development ‘‘Noted Alumni Award’’. government had paid over 41,000 cash boun- retary, Satnam Singh Paonta Sahib, and Mr. Gaston was born in Georgia, but at- ties to police officers for killing Sikhs. One others,’’ said Dr. Aulakh. ‘‘We praise Dr. tended high school in Brakenridge, Pennsyl- such bounty went to an officer who killed a Chohan for his remarks. But how can Sikhs vania where he graduated from Har Brack three-year-old boy. like Badal, Hanspal, Bitta, and others call High School. Then Bud moved to Fresno, We must not just sit and watch while a themselves Sikhs when they deny the Sikh where he attended California State University, country that proclaims itself ‘‘the world’s larg- aspirations for freedom? Clearly, they are Fresno and received a Bachelor’s degree in est democracy’’ tramples on the most basic of doing the bidding of the Indian government, Education, and a Master’s Degree in Edu- which controls them.’’ democratic freedoms, such as the freedom to The Sikh Nation declared its independence cation Administration. speak out and to hold a peaceful demonstra- from India on October 7, 1987 and formed the Bud joined Fresno Unified School District in tion. That is not the hallmark of a democracy. Council of Khalistan at that time to lead the 1953 as a teacher at Columbia School. After It is the hallmark of a police state. struggle for independence. When India be- ten years, he became Principal of Tielman and

VerDate Aug 04 2004 04:39 Feb 16, 2005 Jkt 039060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A15FE8.035 E15PT1 February 15, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E241 Emerson Elementary School, and stayed with is a special time for the mentors as well, as Valley Educational Service Center without ab- Fresno Unified until he retired in 1986. they witness their generous gifts of time and sence; and Beyond his scholastic achievements, Mr. hard work payoff for these children. Whereas, Russell McCall has served as a Gaston has also served the country well. He Mentors make a difference, for a mentor board member since 1963, served on the New gave the United States Army five years of can be a friend, a listener, a coach, a tutor, or Concord-Union Local Board of Education for 4 service and moved up the ranks to become just a confidante. A mentor is simply a person years, was a founding member of the Mid- Second Lieutenant before he was honorably who cares enough to be a good listener at East Career and Technology Center’s Board discharged. times and to offer the opportunity to open new of Education for 19 years, and was a founding Bud has not only served his country, but doors and new worlds by offering encourage- member of the Zane State College Board of also served his community through many affili- ment and support along the way. Trustees for 19 years; and ations. He is a member of the Board of Direc- I encourage all of my colleagues to support Whereas, Russell McCall served in the tors of the Boys and Girls Clubs of Fresno, a this resolution, and to look for opportunities for United States Army during World War II and Foundation Board Member for Saint Agnes Members to be mentors themselves. As the was awarded a bronze star; and Medical Center, a member of Kiwanis Club of gentleman from Nebraska (Mr. OSBORNE) Whereas, Russell McCall is a lifelong mem- Fresno, and a member of NAACP Black Polit- pointed out, many of our staff are mentors. ber of College Drive Presbyterian Church and ical Council. J.D. Burton, who recently left my staff, was a was active in the New Concord Grange and As a result of the tremendous efforts Bud mentor for Horton’s Kids. He tutored for 3 Muskingum County Pomona Grange. has made within his community, he has been years, and, at times, we worked our schedule Therefore, I join with the residents of the honored with many awards: The Black Edu- around his mentoring schedule. I have many Muskingum Valley and the entire 18th Con- cators’ of Fresno Award, the Troy Award for others in my office who are also mentors, and gressional District of Ohio in recognizing Rus- Education, the Fresno Mall Dedication Plaque, each and every one of them says that they get sell McCall for his longtime dedication to the Second Baptist Church Laymen’s Award, Kids more out of the opportunity of mentoring than residents and children of Coshocton, Morgan, Day Award, Elementary Partnership Program they could ever imagine. and Mukingum Counties. Award, KSEE 24 Portraits of Success Award, I would also like to thank the sponsor of this f and the Fresno District Fair Appreciate Award bill, the gentleman from Nebraska (Mr. are just a few of such examples. OSBORNE), for, you see, his family comes from LEADER IN EDUCATION Our community has truly been blessed by a mentoring background. His cousin, the Hon- the contributions Bud has made, and we are orable Kathleen Vellenga, took time to be a HON. JIM COSTA thankful for his dedication. mentor of mine when I was in the Minnesota OF CALIFORNIA f House of Representatives. Mentoring—you IN THE HOUSE OF REPRESENTATIVES never know where it might lead you. SUPPORTING NATIONAL Tuesday, February 15, 2005 f MENTORING MONTH Mr. COSTA. Mr. Speaker, I rise today to RECOGNIZING DEXTER SLAGLE honor and congratulate Dr. Walter L. Buster, SPEECH OF AND DONNA CHASTEEN of Prather, California. Dr. Buster is a recipient HON. BETTY McCOLLUM of the Kremen School of Education and OF MINNESOTA HON. IKE SKELTON Human Development ‘‘Noted Alumni Award.’’ IN THE HOUSE OF REPRESENTATIVES OF MISSOURI Dr. Buster received his Bachelor of Arts in IN THE HOUSE OF REPRESENTATIVES English from Westmont College in Santa Bar- Tuesday, February 8, 2005 Tuesday, February 15, 2005 bara, then went on to attain his Master of Arts Ms. MCCOLLUM of Minnesota. Mr. Speak- from Chapman College in Orange, California. er, as one of the co-chairs of the Mentoring Mr. SKELTON. Mr. Speaker, it is with great He then moved to Montana and attended Uni- Caucus, I rise today in support of House Res- pleasure that I announce the upcoming union versity of Montana to receive his Doctorate in olution 46, to express the sense of Congress of Dexter Slagle and Donna Chasteen, two Curriculum Development. and the House of Representatives regarding long time residents of Morgan County, Mis- Walt moved back to California where he the many benefits of mentoring. souri, and dedicated public servants. began his teaching career in Fullerton, then Mentoring programs, as we are talking Dexter has been a business owner in became Superintendent of Fairfax School Dis- about them here today, link children with car- Versailles for 42 years and served his neigh- trict in 1984. In this position, Walt acted as the ing, responsible adults to provide opportunities bors as City Alderman and as Morgan County Chief Executive Officer for a K–8 district with for young people to develop strong character Surveyor. Donna has also owned her own 600 students in Marin County. He developed and new capabilities. Mentoring opportunities business for 35 years and for 12 years held a plan for consolidation with the San Anselmo are a proven method, as has been pointed the position of County Clerk. These are two in- School District that was approved by the vot- out, to help children who may be struggling in dividuals who have dedicated their time, ers, and was responsible for cooperatively school or at home or just in life. We need to money and energy to making the City of merging the Fairfax School District with the take advantage of mentoring opportunities to Versailles and Morgan County better places to San Anselmo School District into the new allow every child to become self-sufficient, live and raise a family. Ross Valley School District. have better self-esteem, and feel that they too Mr. Speaker, on February 20, Dexter and He continued on as Superintendent, helping can achieve the American Dream. Donna, along with their children, Amy and other school districts succeed, and finally In my own state of Minnesota, there are Windy and Barbara and Bert, and their grand- came to Clovis and joined our community as over 350 mentoring programs that connect children will become one family. I am sure my Superintendent of Clovis Unified School Dis- youth with positive role models. One valuable fellow Members of the House will join me in trict. After seven years with Clovis Unified, mentoring program is Big Brothers Big Sisters. wishing them all the best as they start their Walt became the Director of the Central Valley In the St. Paul/Minneapolis region alone, more new life together. Education Leadership Institute at California than 2,000 children benefit from this mentoring f State University, Fresno. program. In 2005, they hope to reach 5,000 A PROCLAMATION RECOGNIZING Walt’s success has been great, and he has children. RUSSELL MCCALL served on numerous committees and councils, Sergeant Mamie Singleton, of the St. Paul such as the Fresno Compact Board of Direc- Police Department and founder of Youth Initia- HON. ROBERT W. NEY tors, California State University, Fresno, Su- tive Mentoring Academies, is one example of perintendents’ Advisory Council, ACSA/CSLA OF OHIO many in Minnesota who in her spare time Executive Leadership Planning Committee and IN THE HOUSE OF REPRESENTATIVES mentors youth. Youth Initiative Mentoring Seminar Facilitator. Academies is a non-profit organization for at- Tuesday, February 15, 2005 As gratitude for his service, Dr. Buster re- risk youth that utilizes a mentoring model Mr. NEY. Mr. Speaker: ceived the Robert Alioto Award for Instruc- through aviation education. I cannot tell you Whereas, Russell McCall has demonstrated tional Leadership from the California School how proud I am when I go to their gradation ongoing commitment to education for the resi- Leadership Academy, and the Citizen of the day and each and every one of those children dents of the Muskingum Valley; and Year Award from the Clovis Chamber of Com- receives a certificate for their aviation edu- Whereas, Russell McCall has attended 500 merce. Most recently he is being honored by cation and for their civic education projects. It consecutive board meetings of the Muskingum the Kremen School of Education and Human

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Development. Walt has given so much to his thank my colleagues, KEN CALVERT, GRACE attorney who wished to recapture through a communities, and we are grateful for his lead- NAPOLITANO, GARY MILLER, and JOE BACA for professional club the same friendly, small town ership. cosponsoring the Inland Empire Water Recy- spirit he experienced in his youth. Finding like- f cling Initiative. And last but certainly not least, minded committed individuals, over time the I commend the hard work and dedication of organization was called the Rotary, because INLAND EMPIRE REGIONAL Mr. Robert DeLoach, General Manager of the of the club’s early practice of rotating meetings WATER RECYCLING INITIATIVE Cucamonga Valley Water District, and Mr. among members’ offices. Rich Atwater, CEO and General Manager of HON. DAVID DREIER From this humble but hearty beginning, Ro- the Inland Empire Utilities Agency, who both tary’s popularity burgeoned and clubs were OF CALIFORNIA work tirelessly on behalf of the Inland Empire. formed from New York to San Francisco. By IN THE HOUSE OF REPRESENTATIVES f 1922 the organization began to expand out- Tuesday, February 15, 2005 PERSONAL EXPLANATION side of the United States, and so it adopted Mr. DREIER. Mr. Speaker, I rise today to re- the name Rotary International to evidence its introduce the Inland Empire Regional Water HON. JEFF MILLER member clubs on six continents. Recycling Initiative, to authorize water recy- OF FLORIDA Throughout the years the organization has cling projects under the U.S. Bureau of Rec- IN THE HOUSE OF REPRESENTATIVES been remarkable for ‘‘doing good in the lamation’s Title XVI program. This legislation, world.’’ For example in 1985, Rotarians made which passed the House in the 108th Con- Tuesday, February 15, 2005 a commitment to immunize all of the world’s gress, is an important component of southern Mr. MILLER of Florida. Mr. Speaker, I would children against polio. Today, contributions to California’s regional water management. like to offer a personal explanation of the rea- the Rotary Foundation total more than $80 This Initiative includes two projects, the first son I missed rollcall votes Nos. 31–32 on Feb- million annually and support a wide range of of which will be constructed by the Inland Em- ruary 15, 2005. These were suspension votes humanitarian grants and educational pro- pire Utilities Agency (IEUA) and will produce on H. Con. Res. 25 and H.R. 324. Due to in- grams; and Rotarians have mobilized hun- 90,000 acre feet of new water annually. The clement weather conditions, my travel to dreds of thousands of volunteers and have im- second of these projects, to be constructed by Washington, DC was not completed until fol- munized more than one billion children world- the Cucamonga Valley Water District (CVWD), lowing the conclusion of votes this evening. wide. In point of fact, by the end of 2005 Ro- will produce an additional 5,000 acre feet of I respectfully request that it be entered into tary will have contributed close to $500 million new water annually. Between these two the CONGRESSIONAL RECORD that if present, I to this cause alone. projects, 95,000 acre feet of new water will be would have voted rollcall vote No. 31, Recog- Mr. Speaker, for 100 years Rotary has striv- produced annually before the end of the dec- nizing the contributions of the ‘‘Greensboro en to meet the challenges of a changing ade. Four’’ to the civil rights movement ‘‘aye’’; roll- world, including such pressing issues as envi- With the recent passage of the CalFed au- call vote No. 32, the Arthur Stacey Mastrapa ronmental degradation, illiteracy, world hunger, thorization, it is imperative that we continue to Post Office Building Designation Act ‘‘aye.’’ and at risk children. Let us then pause our approve measures preventing water supply f shortages in the Western United States. The own hectic pace and honor Rotarians for Inland Empire region is one of the fastest A PROCLAMATION HONORING bringing hope and help to all humanity. growing areas in the nation. Reducing our de- ALICE CAVITT ON HER 100TH pendence on imported water from the Colo- BIRTHDAY f rado River and northern California will have significant regional benefits including reduced HON. ROBERT W. NEY ENCOURAGING CROSS-STRAIT RE- water shortages, energy savings, improved LATIONS BETWEEN CHINA AND OF OHIO TAIWAN water quality, and job creation. The passage IN THE HOUSE OF REPRESENTATIVES of the Inland Empire Water Recycling Initiative will continue the federal-local partnership to Tuesday, February 15, 2005 bring a significant amount of new water supply Mr. NEY. Mr. Speaker: HON. SOLOMON P. ORTIZ to the region. Whereas, Alice Cavitt was born in Carrol OF TEXAS IEUA produces recycled water for a variety County, Ohio on December 23, 1904 and is IN THE HOUSE OF REPRESENTATIVES of non-potable purposes, such as landscape celebrating her 100th birthday; and irrigation, agricultural irrigation, construction, Whereas, Alice Cavitt, a devoted wife to her Tuesday, February 15, 2005 and industrial cooling. By replacing these husband, William Cavitt, and mother to her water-intensive applications with high-quality children Pearl and Harold, is active in the Mr. ORTIZ. Mr. Speaker, one of the most recycled water, fresh water can be conserved Presbyterian Church; and important Pacific Rim relationships is the one or used for drinking, thereby reducing the de- Whereas, Alice Cavitt has exemplified a between China and Taiwan. I want to com- pendence on expensive imported water. In ad- love for her family and friends and must be mend both nations for their work to find com- dition, by recycling water which would other- commended for her lifelong dedication to help- mon ground. wise be wasted and unavailable, IEUA pro- ing others. I am so pleased that cross-strait relations vides that the water available goes through at Therefore, I join with the residents of the en- have been improving in recent days. On Janu- least one more cycle of beneficial use before tire 18th Congressional District of Ohio in ary 15 of this year China and Taiwan agreed it is ultimately returned to the environment. wishing Alice Cavitt a very happy 100th birth- to direct flights during the Lunar New Year The Inland Empire Regional Water Recy- day. holidays and both sides agreed to continue to cling Initiative has the support of all member f work toward restoring direct trade, transport agencies of lEUA, as well as the water agen- and postal ties—the ‘‘three links’’. Moreover, cies downstream in Orange County. IEUA en- HONORING MICHIGAN ROTARIANS the economies of China and Taiwan have compasses approximately 242 square miles ON 100TH ANNIVERSARY and serves the cities of Chino, Chino Hills, grown increasingly interdependent as Tai- Fontana (through the Fontana Water Com- HON. THADDEUS G. McCOTTER wanese businesses have invested as much as pany), Ontario, Upland, Montclair, Rancho $100 billion in China and as many as one mil- OF MICHIGAN lion Taiwanese now live and work on the Cucamonga (through the Cucamonga Valley IN THE HOUSE OF REPRESENTATIVES Water District), and the Monte Vista Water mainland. District. Tuesday, February 15, 2005 For the last several decades, U.S. policy I want to thank the House Resources Com- Mr. MCCOTTER. Mr. Speaker, I rise today has been to encourage amicable relations be- mittee, and Chairman RICHARD POMBO, for to acknowledge and honor the thousands of tween Taiwan and China so that they may moving this bill to successful passage on the Michigan Rotarians as they celebrate the work out whatever differences they may have House floor during the last Congress. I look 100th anniversary of the founding of Rotary, through peaceful means. We in the inter- forward to working closely with him again, and the world’s first service club. national community should make sure the with the new Water and Power Subcommittee On February 23, 1905, The Rotary Club of peace and prosperity of the 23 million people Chairman GEORGE RADANOVICH. I also want to Chicago was established by Paul Harris, an in Taiwan is maintained.

VerDate Aug 04 2004 04:39 Feb 16, 2005 Jkt 039060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\A15FE8.042 E15PT1 February 15, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E243 A PROCLAMATION HONORING MR. who are dedicated to addressing Latino persecution or allowing judges to require appli- AND MRS. BUCHSIEB issues. Under HLI training, participants gain a cants to produce corroborating evidence are comprehensive understanding of issues affect- unnecessary. HON. ROBERT W. NEY ing the Latino community, as well as practical While national security must be our top pri- ority, immigration policy should not create un- OF OHIO leadership skills. The goal of HLI is to arm necessary requirements for legitimate asylum IN THE HOUSE OF REPRESENTATIVES leaders with the valuable tools to effectively advocate for issues important to the Latino seekers who are arguably our best allies in Tuesday, February 15, 2005 community. the fight against international terrorism. The Mr. NEY. Mr. Speaker: I would like especially to acknowledge Valle asylum provisions of this bill will not enhance Whereas, Richard and Beatrice Buchsieb del Sol’s current leadership, headed by Presi- our security or our standing in the world. were united in marriage January 15, 1955, dent and CEO Luz Sarmina-Gutierrez. Ms. I also have concerns that the bill allows and and are celebrating 50 years of marriage; and Sarmina-Gutierrez’s efforts to maintain Valle directs the Secretary of Homeland Security to Whereas, Richard and Beatrice Buchsieb del Sol’s high quality of service was duly rec- waive all laws which he or she deems nec- were married January 15, 1955, at 3rd Ave. ognized, and Valle del Sol was awarded ac- essary to complete the construction of barriers United Methodist Church in Columbus, OH; creditation from the Commission on Accredita- along any and all U.S. borders. Some have ar- and tion of Rehabilitation Facilities (CARF) for four gued that this provision is needed to ensure Whereas, Richard and Beatrice Buchsieb of its programs that specialize in substance the construction of a fence along three and are the loving parents of four children and four abuse and mental health. This accreditation is half miles of the U.S.-Mexico border near San grandchildren; the highest achievement an organization can Diego. However, the language of the bill is not Therefore, I join with the residents of Cam- receive from CARF and is the second time a limited to the construction of a fence in this lo- bridge, and the entire 18th Congressional Dis- three-year accreditation was awarded to Valle cation. Instead, it instructs the Secretary to trict of Ohio in congratulating Richard and Be- del Sol. The CARF accreditation demonstrates waive all laws for all U.S. borders; this in- atrice Buchsieb as they celebrate their 50th to the public that Valle del Sol’s services meet cludes the U.S.-Mexico border, the U.S.-Can- Wedding Anniversary. stringent standards in following with its po- ada border, and maybe even the border be- tween Alaska and Russia. The bill also re- f lices, procedures and practices, including health and safety standards. moves any judicial review of the waiving of CELEBRATING THE 35TH ANNIVER- Mr. Speaker and Colleagues, please join me these laws. This would give far too much unchecked au- SARY OF VALLE DEL SOL, INC. in honoring and congratulating Valle del Sol, thority to the Secretary of Homeland Security its leadership, and its employees upon the and does not provide the protection of judicial HON. ED PASTOR celebration of its 35th Anniversary. It is with review of this authority. OF ARIZONA great pride that I celebrate Valle del Sol’s out- There are two amendments, one offered by standing contributions to the Arizona commu- IN THE HOUSE OF REPRESENTATIVES my colleagues Mr. NADLER and Mr. MEEKS, Tuesday, February 15, 2005 nity and its unwavering commitment to public and the other offered by Mr. FARR, which service, and I wish them many more years of would strike portions of the bill that do not ad- Mr. PASTOR. Mr. Speaker, I rise before you success. today to celebrate the 35th Anniversary of dress our national security regard the asylum f Valle del Sol, Inc., a nonprofit, community- system and our borders. However, in light of based organization in Phoenix, Arizona which REAL ID ACT OF 2005 their failure, I am left no option but to vote has helped thousands of individuals each year against this bill. I find the driver’s license standards estab- through its extensive behavioral health and so- SPEECH OF lished in this bill to be unnecessary as well as cial services. HON. MARK UDALL they already exist in current law. Last fall’s In- Valle del Sol was created in 1970, at a time OF COLORADO telligence bill, which I supported, included a when behavioral health services in Phoenix IN THE HOUSE OF REPRESENTATIVES provision which already implements the 9/11 were nearly non-existent for Latino families. Commission Report’s recommendations to The organization was originally established to Thursday, February 10, 2005 create national minimum standards for driver’s address opiate addiction in the community, The House in Committee of the Whole licenses. This provision allowed for states to and although it has expanded its services over House on the State of the Union had under participate with the Department of Transpor- the years, Valle del Sol has always maintained consideration the bill (H.R. 418) to establish tation and the Department of Homeland Secu- its commitment to providing bilingual and cul- and rapidly implement regulations for State driver’s license and identification document rity in a rulemaking process. turally relevant services for the Latino commu- security standards, to prevent terrorists H.R. 418 repeals these provisions and re- nity. from abusing the asylum laws of the United places them with standards established with- As one of the largest Hispanic behavioral States, to unify terrorism-related grounds out state input. The issuance of driver’s li- health and social service organizations in Mar- for inadmissibility and removal, and to en- censes has always been within state jurisdic- icopa County, Valle del Sol’s culturally diverse, sure expeditious construction of the San Diego border fence. tion. Even with the measures passed in the In- bilingual staff provides a wide range of pro- telligence bill, states will largely be organizing grams and services for the entire family. Mr. UDALL of Colorado. Mr. Chairman, I and conducting the implementation of these These programs are designed to address the cannot in good conscience vote for the REAL standards. Their participation in establishing increasing social and community needs re- ID Act, H.R. 418 because, despite the inten- and implementing driver’s license standards is lated to family and behavioral health problems, tion of the bill’s sponsors to strengthen our essential for these provisions to be successful. and include counseling, substance abuse borders, it has the opposite effect, by making This bill simply ignores state involvement all treatment, adult education, advocacy, services homeland security and an effective war together in these standards. for seniors, and an adolescent therapeutic against terrorism more difficult with unneces- Though the bill does provide grants for the group home. Valle del Sol’s commitment to sary provisions aimed at legitimate asylum costs of implementing these standards, with excellence in customer service, financial viabil- seekers. Moreover, I am guided in my judg- the current fiscal climate, many states fear ity, planned growth, and community develop- ment about this bill by the opposition of the they will be left with the burden of paying a ment in Arizona has positively contributed not National Governors Association and the Na- portion of these costs. Most states are faced only to Latino families, but to the entire Ari- tional Council of State Legislatures. with the same fiscal crisis that the federal gov- zona community. I am particularly proud of This bill tightens asylum laws in a way that ernment is currently experiencing. Creating an Valle del Sol’s achievements in becoming an inhibits, rather than enhances our national se- unfunded mandate for states is unfair, espe- $11 million agency with nearly 200 employees. curity. Currently individuals who participate in cially when they are excluded from the rule- Valle del Sol has been instrumental in pro- terrorist activity are not allowed to gain asylum making process. viding a base of leadership for the Latino com- status in this country. Terrorists have not been There are portions in this bill which I believe munity. Many Latino leaders in Arizona, in- able to use the current asylum system to gain are beneficial to our national security. For in- cluding myself, have served on Valle del Sol’s entry into the country, thus the tightening of stance, I am pleased the amendment offered Board of Directors, or have attended Valle del these laws only make gaining asylum status by Mr. SESSIONS passed by a voice vote, as Sol’s Hispanic Leadership Institute (HLI). HLI more difficult for those legitimately seeking it will strengthen our ability to ensure the de- has provided leadership training for over 18 asylum. Provisions such as requiring appli- portation of individuals who are illegally years and is offered to community members cants to prove the ‘‘central reason’’ for their present in the United States.

VerDate Aug 04 2004 04:39 Feb 16, 2005 Jkt 039060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A15FE8.048 E15PT1 E244 CONGRESSIONAL RECORD — Extensions of Remarks February 15, 2005 Unfortunately, the egregious measures in represent the interests of all sectors of Iraqi HONORING MR. WILLIAM the bill far out weigh the beneficial provisions. society? Will the rights of minorities be pro- BERTRAND TURNER ON HIS Thus, I must vote against this bill and hope tected? Will the new laws of the land be pro- 100TH BIRTHDAY that the Senate will remove the portions of this mulgated on a secular or religious basis? bill which are unnecessary and attack the bal- The elections do nothing to increase the le- HON. G.K. BUTTERFIELD ance of power in our country. gitimacy of our so-called ‘‘preventive war.’’ OF NORTH CAROLINA f The official end for the search for weapons of IN THE HOUSE OF REPRESENTATIVES mass destruction confirms what a majority of IN SPECIAL RECOGNITION OF THE Tuesday, February 15, 2005 the American people have known for some 80TH WEDDING ANNIVERSARY OF time: we were misled as to the need for mili- Mr. BUTTERFIELD. Mr. Speaker, I rise CLARENCE AND MAYME VAIL OF tary action in Iraq. today to honor a great man, Mr. William HUGO, MN There was no link between Saddam Hus- Bertrand Turner on this, his 100th birthday. sein and 9/11. U.N. sanctions and inspections Mr. Speaker, William Bertrand Turner was HON. MARK R. KENNEDY were, in fact, highly effective in disarming Iraq born on February 28, 1905 in Elizabeth City, OF MINNESOTA after the 1991 war. North Carolina and grew up a stone’s throw- IN THE HOUSE OF REPRESENTATIVES There is no doubt that those Iraqis who did away from the famous Pasquotank River. Mr. Tuesday, February 15, 2005 vote, and already the controversy is growing Turner grew up there, was educated in the public school system, and eventually grad- Mr. KENNEDY of Minnesota. Mr. Speaker, I over what share of the population participated, were expressing their profound hope for an uated from Elizabeth City State University. rise today to call attention to the 80th wedding Mr. Turner’s love for science lured him to end to the violence, for an improvement in the anniversary of Clarence and Mayme Vail of Shaw University in the Capital city of North quality of their lives, for a say in their own fu- Hugo, Minnesota. Carolina. He pursued his interest in Organic tures and an end to the occupation of their Eighty-two years ago, Clarence and Mayme Chemistry during the height of the ‘‘Roaring country. met when Clarence’s family moved to Hugo 20’s’’ and graduated in 1929, during the begin- and he joined Mayme’s eighth grade class. And why not? Estimates by reputable ex- ning stages of the Great Depression. Clarence and Mayme were the only two from perts such as the British medical journal, The Mr. Speaker, after his graduation from Shaw this class to continue into high school, though Lancet are that more than 100,000 Iraqis have University, William Turner set his sights North, they both left school early a few years later. died as a result of the war and the on-going and began a quest for his Master’s Degree at They left for a good reason: to get married. Al- violence under the occupation. the renowned Cornell University in New York. though the couple heard people say that they The Iraqi government has reported that mal- Mr. Turner received his Masters Degree in his were too young to be married—he was eight- nutrition among young children has doubled passion, Organic Chemistry in 1936. een and she was just sixteen—they began since the war began and that they are experi- In 2001, Mr. Turner was awarded an Hon- their wedded lives together on February 17, encing soaring rates of disease exacerbated orary Doctorate Degree from the American 1925. by a decimated health system. Chemical Society, the highest honor bestowed For the first few years they were married, Iraq is no closer to a stable democracy by that Society. Clarence and Mayme lived in the telephone today than it was two years ago. The Iraqi in- Mr. Speaker, Mr. Turner has been married office where Mayme’s mother worked. Their surgency appears to be growing significantly to Ms. Margaret Turner for 75 years. I am told first children were born in that office. Since faster than the security forces we have at- that their love and admiration for one another then, Clarence and Mayme have lived in two tempted to train. It is questionable if Iraqi se- is just as strong as the day they were married. homes, both in Hugo, and they now have six curity forces can ever achieve authority as Mr. and Mrs. Turner currently reside in children, 39 grandchildren, 98 great-grand- long as our troops have the real responsibility Brownsmills, New Jersey; and while all North children, and 32 great-great grandchildren. for maintaining order. Carolinians long for their return, we wish them Before retiring, Clarence worked as a ma- The presence of more than 130,000 U.S. a wonderful life in New Jersey. chine and tools salesman, and after their chil- troops has, in fact, become a rallying point Mr. Speaker, I ask my colleagues to join me dren were older Mayme worked at the local and an endless source of fodder for propa- in honoring my constituent, Mr. William grocery store. Now, in their retirement, Clar- ganda by terrorists. Bertrand Turner on his 100th birthday. I pray ence and Mayme spend their time reading, At a time when American prestige and lead- for many more to come. playing cards, and attending church every ership is more necessary than ever, when the f morning. Mayme also enjoys making quilts for light of hope for a peaceful, just and lasting local charities. IN HONOR OF JESSICA GOVEA solution to the conflict between Israel and the THORBOURNE Mr. Speaker, it is my privilege to recognize Palestinian people once again flickers to life, Clarence and Mayme Vail on their 80th wed- U.S. ability to serve as a broker for peace has ding anniversary as an example which we been crippled by the perception of many of HON. NANCY PELOSI should all try to follow. Clarence and Mayme our actions in Iraq. OF CALIFORNIA have been married for a near-record number We face the massive and difficult task of re- IN THE HOUSE OF REPRESENTATIVES of years, and it is likely that they hold the building international alliances and renewing Tuesday, February 15, 2005 record for being the longest-married couple in the mechanisms of international diplomacy Minnesota history. I admire the love and dedi- Ms. PELOSI. Mr. Speaker, I rise to pay trib- and security. And what has been the cost to cation which this couple has shared for so ute to a true heroine, Jessica Govea America? As of yesterday, 1,449 American many years, and I wish them many more Thorbourne, who passed away on January 23 troops killed. 10,740 wounded as of the end of years of happiness together. after a 12-year battle with breast cancer. January. Extended time of service for tens of f Throughout her 58 years, Jessica worked tire- thousands of service men and women and re- lessly to improve the lives of immigrant farm REMARKS ON THE SITUATION IN servists at immense cost to families. workers and to strengthen the labor movement IRAQ The diversion of tens of billions of dollars in California, nationally, and in Central Amer- from homeland security, health, education, ica. She was a courageous, effective, and vi- HON. DANNY K. DAVIS housing, and a host of other needs have left sionary leader, and a wonderful person. She OF ILLINOIS some of our most urgent needs here at home will be sorely missed. untended and unaddressed. The long term im- IN THE HOUSE OF REPRESENTATIVES Born in Porterville, California, Jessica began pact on our military has not yet been exam- working in the cotton fields at the age of 4. By Tuesday, February 15, 2005 ined, but based on our experience after Viet- the age of 9 she was distributing leaflets Mr. DAVIS of Illinois. Mr. Speaker, we may nam there is good reason to expect that there alongside her father, Juan Govea, a respected soon know the official count from the elections will be a negative impact. leader of the Mexican American community of in Iraq but it is already very clear we will not Mr. Speaker, in the interests of stabilizing Bakersfield. He had been recruited by Fred know the real long term impact and results for the situation in Iraq, in the interests of peace Ross Sr. and Cesar Chavez to help organize some time. and security in the region, in the interests of local workers for the Community Service Or- Will the election unite the Iraqi people or fur- our homeland security, and in support of our ganization, CSO. Her mother Margaret also ther divide them? Will the new government troops, it is time to bring our troops home. became a very effective advocate of CSO. At

VerDate Aug 04 2004 04:39 Feb 16, 2005 Jkt 039060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A15FE8.051 E15PT1 February 15, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E245 the age of 12, as the president of the Junior INTRODUCTION OF BILL TO PRO- HONORING THE 150TH BIRTHDAY CSO, Jessica led other child farm workers in VIDE PERMANENT FUNDING FOR OF WRIGHT COUNTY a successful petition campaign for a neighbor- THE PAYMENT IN LIEU OF hood park. TAXES (PILT) PROGRAM HON. MARK R. KENNEDY After graduating valedictorian from Bakers- OF MINNESOTA field High School, Jessica completed one year IN THE HOUSE OF REPRESENTATIVES of college. She made the sacrifice of foregoing HON. MARK UDALL Tuesday, February 15, 2005 college to begin working closely with Cesar OF COLORADO Chavez and the United Farm Workers, UFW. Mr. KENNEDY of Minnesota. Mr. Speaker, I IN THE HOUSE OF REPRESENTATIVES It was there as a caseworker that Jessica first rise today to honor the 150th birthday of called attention to the adverse effects of pes- Tuesday, February 15, 2005 Wright County, located in East Central Min- ticide exposure on farm workers. While most nesota. Bordered on the north by the Mis- believed that the rashes, headaches and dizzi- Mr. UDALL of Colorado. Mr. Speaker, to- sissippi River and the east by the Crow River, ness were from heat exposure, Jessica having gether with my Colorado colleague, Rep- Wright County was founded on February 20, suffered the same symptoms herself, believed resentative JOHN SALAZAR, I am introducing 1855, 3 years before Minnesota became the it to be pesticide poisoning. Her persistence legislation to provide permanent funding for 32nd state. The Big Woods, as Wright County gave fuel to union boycotts and eventually two programs that are very important to coun- was called then, was inhabited by 504 pio- gained national attention when it became the ties and other local units of government in neers from across Europe, as well as Native focus of the 1969 Senate hearing on migrant Colorado and many other States. Americans from the Dakota and Winnebago workers. Our bill is identical to one introduced in the Nations. When she was 21, she was sent to Canada 108th Congress by Scott McInnis when he Wright County was a part of the Louisiana to enlist supporters in the union’s fight against represented Colorado’s 3rd Congressional Purchase in 1803. The Homestead Act of grape growers. Her passion and eloquent District. He was a leader on this issue, and we 1862 accelerated settlement of the area, and speaking ability won broad support from stu- are joining to work to complete this job that he people arrived from across America and Eu- dents, laborers, and church groups and drew began. rope. When the pioneers arrived in Wright millions of Canadians into the boycott. The Under the bill, the full amounts authorized County, they found the ‘‘Big Woods’’ moniker success of the boycott gave the UFW the crit- under both the payments in lieu of taxes to be an apt description of the territory—a ical leverage it needed to win contracts with (PILT) program and the refuge revenue shar- place covered with elm, basswood, sugar the entire California grape industry. Because ing program would be made available to the maple, ash and red oak. The county grew of her warnings, these contracts contained Secretary of the Interior annually, for distribu- steadily, but travel was difficult because peo- clauses banning the use of dangerous pes- tion to eligible local governments in accord- ple could only clear a few acres of trees a ticides. Later, Jessica served as the National ance with those programs. year. The construction of the railroad had the Director of Organizing for the UFW and was This would eliminate the requirement for an- biggest impact on the county, as farmers elected to the national executive board. nual appropriations for PILT and refuge rev- could get their goods to market faster and Jessica spent countless hours registering enue sharing purposes and would shield them people could move with greater ease. Today, voters and turning out the vote for numerous against the kind of political shortsightedness the county has a population of over 100,000 elected officials, including Jerry Brown in his demonstrated in the budget recently submitted and is one of the fastest growing areas in the successful bid for governor of California in by President Bush, which proposes to inflict a state of Minnesota. 1974, and Robert Kennedy in his bid for the Eventually, the Big Woods region came to severe cut in the funding available for PILT. California Democratic 1968 presidential pri- be called Wright County in honor of Silas mary. While both programs are significant, PILT is Wright, a former Congressman, Senator and As Chair of the California Democratic Party, particularly important for counties in Colorado Governor from New York State. Buffalo was I worked closely with Jessica in 1982. She and other states that include large expanses established as the county seat in 1873. Most demonstrated extraordinary leadership, en- of federal lands. In 2004, for example, coun- of Wright County’s early residents were in- ergy, and commitment as the head of a crucial ties in Colorado received more than $17.6 mil- volved in agriculture, and appreciation for the state-wide voter registration and get-out-the- lion out of a total of $244.3 million distributed county’s vast natural resources carries on vote drive. In 1992, she worked with Fred nationwide. today. There are nearly 2800 acres of land de- Ross Jr., at Neighbor to Neighbor, training Congress created the PILT program in re- voted to the nearly 30 county parks. Residents leaders of SICAFE, the coffee workers’ union sponse to a recommendation of the Public also make use of the 298 lakes within the bor- of El Salvador, and with workers targeted by Land Law Review Commission, chaired by ders of Wright County, swimming and boating Salvadoran death squads. Representative Wayne N. Aspinall, who rep- in the summer and ice fishing in the winter. For the last two decades, she continued her resented what was then Colorado’s Fourth Mr. Speaker, as a proud resident of Wright work as labor educator at Rutgers and Cornell Congressional District. It reflected a recogni- County, I am pleased to honor a place so rich Universities. At Cornell she directed the Labor tion that a system of payments based on acre- in Minnesota history and culture on the occa- In-House Programs in the School of Industrial age was more equitable and reliable than one sion of its 150th birthday. and Labor Relations. There she trained and tied to management decisions such as timber f inspired many organizers including Chinese- harvests or other uses. TO COMMEMORATE THE ISSUANCE speaking health care workers, who with her Counties use their PILT payments for a assistance became activists and leaders in OF THE MARIAN ANDERSON wide variety of purposes, including some— STAMP Local 1199 of the Service Employees Inter- such as law enforcement, fire fighting, and national Union. search and rescue—that are directly related to Despite her poor health from her battle with the federal lands within their boundaries and HON. DANNY K. DAVIS cancer, which she believed was caused by ex- the people who use those lands. OF ILLINOIS posure to pesticides in the fields, she contin- IN THE HOUSE OF REPRESENTATIVES ued to be an invaluable colleague in the labor For nearly two decades after the program Tuesday, February 15, 2005 movement fighting for economic and social was established, PILT funding remained level justice. but the value of PILT payments was eroded Mr. DAVIS of Illinois. Mr. Speaker, I rise We thank Jessica for her leadership, her by inflation. In 1995, Congress amended the today to honor one of America’s most shining courage, and her dedication to the labor law to raise the authorization level. However, and influential artists, Ms. Marian Anderson. movement and to our nation. Her work will since 1995, no budget request—from either The recent issuance of a commemorative continue in the laborers she empowered and President Clinton or President Bush—has re- stamp in her honor provides an opportunity to the students she inspired. quested more than two-thirds of the amount recognize her impressive achievements. Our thoughts and prayers are with Jessica’s authorized by the PILT Act. As a result, the Few musicians in history can claim the num- husband, Kenneth Thorbourne Jr., her mother, burden on county taxpayers has not been re- ber of achievements Ms. Anderson can. As an Margaret Govea, and her siblings. I hope it is duced to the extent that Congress intended opera singer, she proved to be among the a comfort to them that so many people share when it passed the 1995 legislation. world’s best. Her range and ability to commu- their loss and are praying for them at this sad Our bill would ensure full implementation of nicate a song’s emotion were envied. Ms. An- time. that legislation. derson often sang in the original language of

VerDate Aug 04 2004 04:39 Feb 16, 2005 Jkt 039060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A15FE8.056 E15PT1 E246 CONGRESSIONAL RECORD — Extensions of Remarks February 15, 2005 the songs she performed, feeling that she and the end result has been a lasting wonder That’s not really an explanation—and he would better connect with the native audience. for southern West Virginia. didn’t offer a better one—but it is a great By the end of her career she had performed Throughout his career he continued to take statistic. In 27 months as a school superintendent, in eight languages and traveled all over the part in exciting whitewater adventures, all it’s easy to either wear out or to wear out world—living and studying for extended peri- while finding time to help out the community. your welcome. Or both. ods of time in Europe. Her voice graced Presi- He was a true public servant to West Virginia, When Wartgow made his announcement at dent and Mrs. Roosevelt at the White House and he leaves behind many people who were the Denver School of the Arts in a speech be- and the Inaugural ceremonies for Presidents glad to know him, many fond memories and a fore school principals and staff, he got a Eisenhower and Kennedy. After hearing her, great whitewater rafting industry. standing ovation. That’s the way you want the world renowned conductor Arturo Tosca- Whitewater rafting is a huge part of the to go—before the grumbling gets too loud. economy in southern West Virginia. It is one And there is some grumbling, of course: nini commented that hers ‘‘. . . is a voice one about struggling high schools, about high hears once in a hundred years.’’ How true. of the many wild, wonderful things that bring dropout rates, about potential labor prob- During her life, Ms. Anderson witnessed and tourists to West Virginia and the entire indus- lems, about community schools that are not contributed to some of the greatest changes in try was started by Mr. Dragan. We owe a always accepted by their communities. history. She lived through two world wars, a great debt to him for all of his hard work and In his speech, Wartgow pointed to his ac- depression, and the civil rights movement. As he will forever be remembered in Fayette complishments—one form of education re- an African-American, female performer during County and across Southern West Virginia. form following another; money raised, even a period of history in which that combination if never enough money; a district that the f governor twice named most improved—and provided particular challenges, she overcame TRIBUTE TO MR. JERRY WARTGOW then he told me what he really thought prejudice and social limitations. For example, about how much you can accomplish on the she was the first black singer to perform on job. stage at the New York Metropolitan Opera HON. THOMAS G. TANCREDO It turns out to be a lesson—get out your House. One of her most notable concerts was OF COLORADO paper and pencil—for ‘‘education’’ presidents on Easter morning on the steps of the Lincoln IN THE HOUSE OF REPRESENTATIVES and ‘‘education’’ governors and ‘‘education’’ mayors and school board members and state Memorial. Broadcast nationwide via radio, Ms. Tuesday, February 15, 2005 Anderson sang before a crowd of over 75,000 legislators and congressmen and, yes, super- intendents and everyone else who makes and millions of listeners after she was prohib- Mr. TANCREDO. Mr. Speaker, I rise today to pay tribute to a remarkable individual and a education policy. ited from performing at Constitution Hall by the And so, of course, Jerry Wartgow’s lesson Daughters of the Revolution. personal friend. Mr. Jerry Wartgow recently turns out to be a lesson even for Jerry In addition to receiving awards for her musi- announced that he will be stepping down this Wartgow himself. cal talent, like the Grammy Lifetime Achieve- summer as the Superintendent of Denver Pub- It’s simply this: ‘‘Education reform’’ and ment, she received numerous other honors for lic Schools. He will be sorely missed by all ‘‘quick fix’’ don’t belong in the same sen- her commitment to peace and equality. She who had the pleasure of working with him in tence. And politicians are, by nature of their was appointed goodwill ambassador to Asia his tireless efforts to improve the quality of jobs, addicted to the quicker-than-really- possible fix. and a delegate to the United Nations. She re- education and the lives of Denver area youth. Jerry is a wonderful man who is truly dedi- Wartgow put it this way: ‘‘We live in a so- ceived the Eleanor Roosevelt Human Rights ciety of instant gratification. People want Award, the United Nations Peace Prize, the cated to education reform. In his four-plus instant answers, instant solutions, ignoring NAACP’s Sprigarn Medal for outstanding years as superintendent he relentlessly pur- the complexities of so many of these issues. achievement by a black American, and the sued reforms, a pursuit that sometimes put ‘‘You take societal problems that can’t be President’s Medal of Freedom. him at odds with the educational establish- solved by legislators and they pass them on Clearly, Marian Anderson had a resonating ment and at loggerheads with state and mu- to the schools. And then they expect the schools to solve them.’’ and inspiring voice with the heart and convic- nicipal officials. Mr. Wartgow’s dedication to institutional re- You know the fixes. Vouchers will fix the tion to match. Ms. Anderson’s voice was a ve- schools. Or testing will fix the schools. Or hicle of communication, and music her uni- form and improving results was matched only merit pay for teachers will fix the schools. versal language. Hers’ represented the voice by his compassion for the children he worked Or charter schools will fix the schools. Or of so many others who were unable to speak for every day. Jerry was a believer in the no- getting back to basics will fix the schools. out against the injustices they faced. tion of education as a lifetime process. He be- Or—and, yes, this may be an extreme case— I am honored to celebrate the issuance of lieved that in order to get long term results in dumping Bless Me, Ultima in the trash will the Marian Anderson commemorative stamp childhood achievement, education has to start fix the schools. And that’s just from one side of the edu- today. Ms. Anderson is quite deserving of this early—and he brought that thought process to the superintendent’s office. cational divide. recognition. In doing this we eternalize the ‘‘We’ve been working on reform of edu- courage, conviction, and talent of this remark- As he told the Rocky Mountain News last cation since 1978,’’ Wartgow said. ‘‘We’ve able woman. week, ‘‘Economically, the best possible invest- spent billions of dollars. Every state legisla- f ment is to put money in early childhood edu- ture has had its own reforms. There are hun- cation and kindergarten. There’s no question dreds of thousands of pages of legislation.’’ THE PASSING OF JON DRAGAN about it. That’s the best way to go about sec- In his speech, this is what he asked for ondary school reform—to start early.’’ from the legislature: no more education leg- Jerry recently also told The Rocky Mountain islation. HON. NICK J. RAHALL, II ‘‘I’ve lived through all the cycles,’’ he said. OF WEST VIRGINIA News that, ‘‘Successful leaders have always ‘‘You don’t give your children soft drinks— IN THE HOUSE OF REPRESENTATIVES been able to resist the pressure to make you give them fruit juice. Look in the paper short-term, quick-fix changes at the expense Tuesday, February 15, 2005 today, and there’s a story about the dangers of sustainable reform.’’ of fruit juice. Mr. RAHALL. Mr. Speaker, it is with deep Mr. Speaker, without a doubt Jerry has ‘‘It’s the same with education reforms. And regret that I announce the loss of a true pio- shown himself to be one of those successful it’s further complicated because people mak- neer of whitewater rafting in southern West leaders. ing the decisions are on a different time Virginia. Jon Dragan, dubbed the ‘‘Father of Rocky Mountain News columnist Mike frame than the students. ‘‘If you’re a mayor for four years, or you’re Whitewater Rafting,’’ passed away on Satur- Littwin recently penned a column about an urban superintendent for 27 months, or if day at the young age of 62. Wartgow that I think did a fine job capturing you’re on the school board, what you’re try- Jon came to Fayette County West Virginia the kind of man Jerry is, and I would like to ing to do is to make a statement in the time in 1964 to explore our wonderful rivers, the submit it here for the RECORD. you’re there. If you’re a young super- New and the Gauley. By 1968 he had opened When Jerry Wartgow leaves his job as DPS intendent, with a family to worry about, the first commercial whitewater rafting com- superintendent in June, he’ll leave the job you’ve got 27 months. And if you don’t show pany on the New River and the rest is history. undone. progress. . .’’ It was my great pleasure to work with him Which is, of course, the only way you can It’s a story you see played time and again. leave that job. ‘‘The reform time frame,’’ Wartgow said, in my early years as a Congressman to estab- Wartgow will have kept the position for ‘‘is out of sync with the policymakers’ time lish the New River Gorge as a National River just over four years. In explaining why he’s frame.’’ and part of the National Park system in 1978. leaving, he notes that the typical urban su- In Wartgow’s time frame, he will quit just His efforts in the process were instrumental perintendent lasts only 27 months. after a report on secondary school reform is

VerDate Aug 04 2004 04:39 Feb 16, 2005 Jkt 039060 PO 00000 Frm 00016 Fmt 0626 Sfmt 0634 E:\CR\FM\A15FE8.059 E15PT1 February 15, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E247 completed. One reason he’s leaving, he says, because he or she does not have a letter from ors in 1946 but found herself turned away by is that he couldn’t see himself staying long the government explaining that religion was employers time and time again. During this enough to properly implement those reforms. the reason his or her family was murdered? time many black graduates found it difficult to ‘‘We know that economically the best pos- obtain employment commensurate to their sible investment is to put the money in early This legislation presents a nearly impossible childhood education and kindergarten,’’ hurdle for asylum seekers. education. It was a culmination of these Wartgow was saying. ‘‘There’s no question In addition, I am disappointed in Section events in her life that led Chisholm to vow to about it. That’s the best way to go about sec- 102, which allows the Secretary of Homeland fight against injustices everywhere. After grad- ondary-school reform—to start early. Security to waive any Federal, State, or local uation, she would earn a masters degree in ‘‘But here’s the problem: The benefit won’t law to ensure construction of physical barriers child education from Columbia University and be seen for years. I think that’s it. I think to deter illegal border crossings. This overly later served as director of the largest nursery that’s the issue. I don’t have the answer, but broad provision would give unprecedented school network in New York. I’ve observed the problem. power to the Secretary to undertake large con- In 1949, Chisholm participated in local poli- ‘‘The time frame for everything we know tics, helping to form the Bedford-Stuyvesant about how long it takes for education reform struction projects without any accountability or to take hold is a much longer time frame judicial review. Under this legislation, the Sec- political league. She also became active in the than policymakers and elected officials live retary could waive labor laws such as the min- Brooklyn chapter of the National Urban in.’’ imum wage, public health laws like the Clean League and in the National Association for the In the time it takes to go from kinder- Water Act, or eminent domain laws requiring Advancement of Colored People (NAACP), garten through 12th grade and, with luck, on repayment for property seized, all in the name where she debated minority rights. Chisholm’s to college, a student has lived through a cou- of homeland security. While I understand the political career took off in 1964, when she ple of mayors, a couple of governors, maybe won, by a landslide, her campaign for the New need to prevent unauthorized border cross- three or four superintendents, and all with a York State Assembly. As an assembly person ings, this provision grants far too much power farewell speech to deliver. (1965–1968), she sponsored legislation that When Wartgow says he doesn’t have an an- without any oversight, setting a dangerous instituted programs which provided college swer for this problem, he is being modest. He precedent for the future. funding to disadvantaged youths, and suc- does, at the very least, have a suggestion, H.R. 418 also contains new national driver’s which would fit nicely on a sampler. cessfully introduced a bill that secured unem- license standards, which completely overhaul ployment insurance for domestics and day- ‘‘My quote,’’ he said, ‘‘is that successful the bipartisan requirements unanimously rec- leaders have always been able to resist the care providers. In 1968 Chisholm won a seat pressure to make short-term, quick-fix ommended by the September 11th Commis- in the House of Representatives becoming the changes at the expense of sustainable re- sion and signed into law just a few months first African American woman to be elected to form.’’ ago. These new Federal standards for issuing Congress. She found herself one of ten Lesson given. Lesson learned? state drivers’ licenses could result in a flurry of women and nine African Americans in the f privacy and civil liberties concerns. prestigious body. Most disturbingly, the provisions in H.R. 418 REAL ID ACT OF 2005 Representing an entirely inter-city constitu- go far beyond the recommendations of the bi- ency, Chisholm protested her relegation to the partisan September 11th Commission, dis- SPEECH OF Agriculture Committee, an assignment she guising an assault on our Nation’s freedoms considered insulting. She would often criticize HON. JAMES R. LANGEVIN and principles with a false claim of security. I Congress for being too clubby and unrespon- OF RHODE ISLAND urge my colleagues to join me in opposition to sive. It was during these challenging times IN THE HOUSE OF REPRESENTATIVES this egregious and unnecessary bill. that Chisholm exemplified one of the most im- Thursday, February 10, 2005 f portant characteristics of a pioneer—the deter- The House in Committee of the Whole PAYING TRIBUTE TO SHIRLEY mination to strive for more and to not accept House on the State of the Union had under CHISHOLM: AN AMERICAN HER- ‘‘no’’ for an answer. With a character that she consideration the bill (H.R. 418) to establish OINE has described as ‘‘unbought and unbossed,’’ and rapidly implement regulations for State Chisholm became known as a politician who driver’s license and identification document refused to allow her colleagues, including the security standards, to prevent terrorists HON. AL GREEN white male-dominated House of Representa- from abusing the asylum laws of the United OF TEXAS tives, to deter her from her goals. She re- States, to unify terrorism-related grounds IN THE HOUSE OF REPRESENTATIVES marked that, ‘‘Women in this country must be- for inadmissibility and removal, and to en- come revolutionaries. We must refuse to ac- sure expeditious construction of the San Tuesday, February 15, 2005 Diego border fence. cept the old, the traditional roles and stereo- Mr. AL GREEN of Texas. Mr. Speaker, I types.’’ She subsequently served on a number Mr. LANGEVIN. Mr. Chairman, today I rise rise today to honor an extraordinary woman in of committees, including the Education and in strong opposition to H.R. 418, the REAL ID American history. Shirley Chisholm, an out- Labor, and campaigned for a higher minimum Act. For decades, immigrants arriving at Ellis spoken advocate for women and minorities wage and increased federal funding for dis- Island were greeted by the Statue of Liberty, during her seven terms in the House of Rep- advantaged communities. In her first term in beckoning with the words, ‘‘Give me your resentatives, passed on January 1st. This Congress, Chisholm hired an all female staff tired, your poor, your huddled masses yearn- iconoclastic political figure has been lost and and was an unyielding advocate of social jus- ing to be free.’’ Today’s legislation would forgotten in many of today’s civic classes in tice, women’s rights, the underprivileged and render this motto obsolete, as the United this country but her ideals have seen a rebirth. people of all races, nationalities and faith. States would turn its back on those escaping Born in 1924 to parents that emigrated from On January 25, 1972 Chisholm became the genocide; rape, or persecution around the the West Indies, Chisholm was raised in an first African American woman to campaign for world. American society that told African Americans the presidency. She admitted that she stood Contrary to the claims of the bill’s sponsors, to stay in their place and women to stay at no real chance of winning but wanted to gal- this legislation does little to prevent future ter- home. Chisholm vehemently rejected this vanize minority communities, working class rorist attacks within our borders, while eroding canon which ultimately shaped and fueled her whites and young people into a sizable polit- civil liberties. Most troubling to me are the pro- political career—becoming both the first Afri- ical force. Chisholm ran as ‘‘the candidate of visions making asylum nearly impossible for can American woman elected to Congress the people,’’ receiving 151 delegate votes at those who flee their countries to find a safe and the first black or woman to wage a seri- the Democratic National Convention that year. haven. Terrorists are already prevented from ous campaign for a major party’s presidential During the campaign, she experienced re- receiving asylum in the United States under nomination in 1972. sistance from her colleagues, including the current law, and none of the September 11 hi- Shirley Chisholm excelled in academics at Congressional Black Caucus for which she jackers had even applied for asylum. Girls High School in Brooklyn, New York, from was a founding member, and was attacked However, H.R. 418 raises the already dif- which she graduated in 1942. After graduation four times on the campaign trail. Chisholm’s ficult burden of proof on legitimate asylum- she attended Brooklyn College where she ma- bid for the presidency was not fruitless—her seekers, requiring that they provide corrobo- jored in sociology. It was there that she expe- legacy and work has ushered in a generation rating evidence of persecution due to one’s rienced blatant racism. When black students of exceptional leaders—from presidential can- race, religion, national original political opinion, at Brooklyn College where denied admittance didate Jesse Jackson, to former U.S. Senator or social group. Can we imagine sending a into social clubs, Chisholm formed alternate Carol Mosley Braun to Democratic Leader refugee back to face genocide in the Sudan ones. She would go on to graduate with hon- NANCY PELOSI.

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Shirley Chisholm once commented, ‘‘There resentative BEAUPREZ, and I are again intro- The Sioux Nation placed a priority on the fu- is little place in the political scheme of things ducing a resolution to honor this Nation’s chil- ture of the tribe, through its children. I believe for an independent, creative personality, for a dren and express the desire to mark the first that it is important that we, as lawmakers, fighter. Anyone who takes that role must pay Wednesday in March as National Children’s keep the importance of our future in mind as a price.’’ Mr. Speaker, I believe obscurity is Day. we make decisions everyday here in Con- too high a price for Mrs. Chisholm to have to The resolution expresses the sense of the gress. pay. We all owe her a debt of gratitude for the work that she’s done to advance the causes of House of Representatives urging the President In that spirit, I believe this legislation is fit- all Americans and for that legacy our country to proclaim that the first Wednesday of March ting as it honors the importance of our Na- each year should be named National Chil- will be eternally grateful. tion’s children and the role that we as adults dren’s Day in honor of the future generations f have in the upbringing of a child. Through of our country. INTRODUCTION OF A RESOLUTION special attention from the adults in a child’s The Great Sioux Nation can be used as a TO HONOR THE CHILDREN OF life, that child is more likely to experience suc- role model to lawmakers in America as we de- AMERICA cess throughout their life. This resolution bate any bill here on the floor of the House of urges adults to set aside time throughout the Representatives. They place a high value on day to support a child in their life or commu- HON. MARK UDALL the children of the tribe, as they represent the OF COLORADO future of the tribe. When important decisions nity. IN THE HOUSE OF REPRESENTATIVES are being made, the Sioux always discussed I urge my colleagues to support this resolu- Tuesday, February 15, 2005 what the impact of the decision would be, not tion, and spend some time with a child in their Mr. UDALL of Colorado. Mr. Speaker, today on the current generation, or the next genera- lives. my fellow colleague from Colorado, Rep- tion, but the seventh generation out.

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HIGHLIGHTS Senate confirmed the nomination of Michael Chertoff, of New Jersey, to be Secretary of Homeland Security. Senate Chamber Action Additional Cosponsors: Pages S1414–15 Statements on Introduced Bills/Resolutions: Routine Proceedings, pages S1361–S1437 Pages S1415–35 Measures Introduced: Sixteen bills and two resolu- Additional Statements: Pages S1411–12 tions were introduced, as follows: S. 375–390, and S. Con. Res. 12–13. Pages S1413–14 Authority for Committees to Meet: Page S1435 Measures Passed: Privilege of the Floor: Page S1435 Honoring the American Society of Mechanical Record Votes: One record vote was taken today. Engineers: Senate agreed to S. Con. Res. 13, con- (Total—10) Page S1387 gratulating ASME on their 125th anniversary, cele- Adjournment: Senate convened at 9:45 a.m., and brating the achievements of ASME members, and ex- adjourned at 5:45 p.m., until 9:30 a.m., on Wednes- pressing the gratitude of the American people for day, February 16, 2005. (For Senate’s program, see ASME’s contributions. Pages S1435–36 the remarks of Majority Leader in today’s Record on Nomination: Senate continued consideration of the page S1436.) nomination of Michael Chertoff, of New Jersey, to be Secretary of Homeland Security. Committee Meetings Pages S1369–87, S1437 Nazi War Crimes Working Group Extension (Committees not listed did not meet) Act—Agreement: A unanimous-consent-time agree- DEPARTMENT OF ENERGY BUDGET ment was reached providing that at 11 a.m., on Committee on Armed Services: Committee concluded a Wednesday, February 16, 2005, Senate begin consid- hearing to examine priorities and plans for the atom- eration of S. 384, a bill to extend the existence of ic energy defense activities of the Department of En- the Nazi War Crimes Working Group; that there be ergy (DOE) and to review the President’s budget re- 90 minutes of debate equally divided between the quest for fiscal year 2006 for atomic energy defense Majority Leader, or his designee, and the Democratic activities of the Department of Energy and National Leader, or his designee; that there be no amend- Nuclear Security Administration, focusing on the ments in order, and that following the use, or yield- Administration’s priorities for nuclear weapons, ing back of time, the Senate vote on final passage. threat reduction programs, and DOE’s environmental Page S1436 clean-up program, after receiving testimony from Nominations Received: Senate received the fol- Samuel W. Bodman, Secretary of Energy. lowing nominations: NOMINATIONS Lester M. Crawford, of Maryland, to be Commis- sioner of Food and Drugs, Department of Health and Committee on Armed Services: Committee concluded a Human Services. hearing to examine the nominations of John Paul 1 Army nomination in the rank of general. Woodley, Jr., of Virginia, to be an Assistant Sec- Routine lists in the Army. Pages S1436–37 retary of the Army, Buddie J. Penn, of Virginia, to be an Assistant Secretary of the Navy, who was in- Measures Placed on Calendar: Page S1412 troduced by former Senator Symms, and the fol- Executive Communications: Pages S1412–13 lowing named officer for appointment in the United D91

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States Navy to the grade indicated while assigned to National Laboratories; Michael R. Peevey, California a position of importance and responsibility under Public Utilities Commission, Los Angeles; William title 10, U.S.C., section 601: Adm. William J. Kramer, Jr., New Jersey Division of Fire Safety, Fallon, to be Admiral, after the nominees testified Trenton, on behalf of the National Association of and answered questions in their own behalf. State Fire Marshals; Mayor David N. Cicilline, Prov- BUDGET: TRANSPORTATION SECURITY idence, Rhode Island; Thomas E. Giles, Mitsubishi, ADMINISTRATION Long Beach, California; and Richard L. Grant, Tractebel North America, and Distrigas of Massa- Committee on Commerce, Science, and Transportation: chusetts, Boston. Committee concluded a hearing to examine the President’s proposed budget for fiscal year 2006 for NOMINATION the Department of Homeland Security’s Transpor- tation Security Administration and related program, Committee on Foreign Relations: Committee concluded after receiving testimony from David M. Stone, As- a hearing to examine the nomination of Robert B. sistant Secretary of Transportation Security Adminis- Zoellick, to be Deputy Secretary of State, after the tration, Department of Homeland Security; and nominee, who was introduced by Senators Grassley Cathleen Ann Berrick, Director, Homeland Security and Baucus, testified and answered questions in his and Justice, Government Accountability Office. own behalf. LIQUEFIED NATURAL GAS DEPARTMENT OF VETERANS AFFAIRS Committee on Energy and Natural Resources: Sub- BUDGET committee on Energy concluded a hearing to exam- Committee on Veterans’ Affairs: Committee concluded a ine the future of liquefied natural gas, focusing on hearing to examine the President’s proposed budget the prospects for liquefied natural gas (LNG) in the request for fiscal year 2006, after receiving testimony United States and to discuss the safety and security from R. James Nicholson, Secretary of Veterans Af- issues related to LNG developments, after receiving fairs; Peter S. Gaytan, The American Legion, Dennis testimony from J. Mark Robinson, Director, Office M. Cullinan, Veterans of Foreign Wars of the of Energy Projects, Federal Energy Regulatory Com- United States, Joseph A. Violante, Disabled Amer- mission, Captain David L. Scott, Commandant, U.S. ican Veterans, and Richard B. Fuller, Paralyzed Vet- Coast Guard, Department of Homeland Security; erans of America, all of Washington, D.C.; and Mike Hightower, Technical Staff Member, Sandia Richard Jones, AMVETS, Lanham, Maryland. h House of Representatives Speaker: Read a letter from the Speaker wherein he Chamber Action appointed Representative Petri to act as Speaker Pro Measures Introduced: 37 public bills, H.R. Tempore for today. Page H589 798–835; and 18 resolutions, H.J. Res. 19–20; H. Recess: The House recessed at 12:53 p.m. and re- Con. Res. 61–65, and H. Res. 92–94 and 97–104, convened at 2 p.m. Page H592 were introduced. Pages H627–30 Suspensions: The House agreed to suspend the rules Additional Cosponsors: Pages H630–31 and pass the following measures: Reports Filed: Reports were filed today as follows: Recognizing the contributions of the ‘‘Greensboro H. Res. 95, providing for consideration of H.R. Four’’ to the civil rights movement: H. Con. Res. 310, to increase the penalties for violations by tele- 25, recognizing the contributions of Jibreel Khazan vision and radio broadcasters of the prohibitions (Ezell Blair, Jr.), David Richmond, Joseph McNeil, against transmission of obscene, indecent, and pro- and Franklin McCain, the ‘‘Greensboro Four’’, to the fane material (H. Rept. 109–6); and civil rights movement, by a 2⁄3 yea-and-nay vote of H. Res. 96, providing for consideration of S. 5, to 424 yeas with none voting ‘‘nay’’, Roll No. 32; amend the procedures that apply to consideration of interstate class actions to assure fairer outcomes for Pages H593–96, H602–03 class members and defendants (H. Rept. 109–7). Arthur Stacey Mastrapa Post Office Building Page H627 Designation Act: H.R. 324, to designate the facility

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of the United States Postal Service located at 321 VOCATIONAL AND TECHNICAL Montgomery Road in Altamonte Springs, Florida, as EDUCATION FOR THE FUTURE ACT the ‘‘Arthur Stacey Mastrapa Post Office Building’’, Committee on Education and the Workforce: Sub- by a 2⁄3 yea-and-nay vote of 420 yeas with none vot- committee on Education Reform held a hearing on ing ‘‘nay’’, Roll No. 33; Pages H596–97, H603 H.R. 366, Vocational and Technical Education for Congratulating the Patriots on winning Super the Future Act. Testimony was heard from Lewis L. Bowl XXXIX: H. Res. 86, congratulating the Pa- Atkinson, III, Associate Secretary, Adult Education triots on winning Super Bowl XXXIX; and and Workforce Development, Department of Edu- Pages H597–H601 cation, State of Delaware; Patrick Ainsworth, Assist- Recognizing the Virginia Fire Chiefs Associa- ant Superintendent and Director, Secondary, Postsec- ondary, and Adult Leadership Division, Department tion on its 75th anniversary: H. Res. 80, recog- of Education, State of California; and a public wit- nizing the Virginia Fire Chief‘s Association on the ness. occasion of its 75th anniversary and commending the Virginia Fire Chief’s Association for sponsoring an- SEC’S MARKET STRUCTURE PROPOSAL nually the Mid-Atlantic Expo and Symposium. Committee on Financial Services: Subcommittee on Cap- Pages H601–02 ital Markets, Insurance, and Government Sponsored Agreed to amend the title so as to read: com- Enterprises held a hearing entitled ‘‘The SEC’s Mar- mending fire chiefs associations. Page H602 ket Structure Proposal: Will It Enhance Competi- Recess: The House recessed at 3:07 p.m. and recon- tion?’’ Testimony was heard from public witnesses. vened at 6:30 p.m. Page H602 BROADCAST DECENCY ENFORCEMENT ACT Late Report: The House agreed that the Committee Committee on Rules: Granted, by voice vote, a struc- on Education and the Workforce have until 5 p.m. tured rule providing one hour of debate on H.R. on February 25, 2005, to file a late report on H.R. 310, Broadcast Decency Enforcement Act, in the 27, to enhance the workforce investment system of House equally divided and controlled by the chair- the Nation by strengthening one-stop career centers, man and ranking minority member of the Com- providing for more effective governance arrange- mittee on Energy and Commerce. The rule waives all ments, promoting access to a more comprehensive points of order against consideration of the bill. The array of employment, training, and related services, rule makes in order the amendment printed in the establishing a targeted approach to serving youth, Rules Committee report accompanying the resolu- and improving performance accountability. Page H602 tion, if offered by Representative Upton of Michigan Commission on Security and Cooperation in Eu- or his designee, which shall be considered as read, rope—Appointment: The Chair announced the and which shall be debatable for 20 minutes equally Speaker’s appointment of the following Members to divided and controlled by the proponent and an op- ponent. The rules waives all points of order against the Commission on Security and Cooperation in Eu- the amendment printed in the report. Finally, the rope: Representative Smith (NJ), co-chairman; and rule provides one motion to recommit with or with- Representatives Wolf, Pitts, Aderholt, and Pence. out instructions. Testimony was heard from Rep- Pages H603–04 resentatives Upton, Markey, Slaughter, and Moran of Quorum Calls—Votes: Two yea-and-nay votes de- Virginia. veloped during the proceedings of today and appear CLASS ACTION FAIRNESS ACT OF 2005; on pages H602–03 and H603. There were no COMMITTEE BUSINESS quorum calls. Committee on Rules: Granted, by voice vote, a struc- Adjournment: The House met at 12:30 p.m. and tured rule providing 90 minutes of debate on S. 5, adjourned at 9:58 p.m. Class Action Fairness Act, in the House equally di- vided and controlled by the chairman and ranking minority member of the Committee on the Judici- Committee Meetings ary. The rule waives all points of order against con- COMMITTEE ORGANIZATION; OVERSIGHT sideration of the bill. The rule makes in order the amendment printed in the Rules Committee report PLAN accompanying the resolution, if offered by Rep- Committee on Appropriations: Met for organizational resentative Conyers of Michigan or his designee, purposes. which shall be considered as read, and which shall The Committee approved an Oversight Plan for be debatable for 40 minutes equally divided and the 109th Congress. controlled by the proponent and an opponent. The

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Committee on Appropriations, Subcommittee on Agri- Permanent Select Committee on Intelligence: Met in execu- culture, Rural Development, Food and Drug Administra- tive session to hold a hearing on Threats. Testimony tion, and Related Agencies, on Secretary of Agriculture, was heard from departmental witnesses. 9:30 a.m., 2362A Rayburn. Hearings continue tomorrow. Subcommittee on Defense, executive, on Force Protec- f tion, 10 a.m., H–140 Capitol. Subcommittee on Foreign Operations, Export Financ- COMMITTEE MEETINGS FOR ing, and Related Programs, on Secretary of State, 2 p.m., WEDNESDAY, FEBRUARY 16, 2005 2359 Rayburn. (Committee meetings are open unless otherwise indicated) Subcommittee on Labor, Health and Human Services, and Education, and Related Agencies, on Social Security Senate Administration, 10:15 a.m., 2358 Rayburn. Committee on Appropriations: to hold hearings to examine Subcommittee on Military Quality of Life, Veterans’ the President’s proposed budget request for fiscal year Affairs and Related Agencies, on Quality of Life, 9:30 2006 for the Emergency Supplemental, 2 p.m., SD–106. a.m., 2358 Rayburn. Committee on Banking, Housing, and Urban Affairs: to Committee on Armed Services, to continue hearings on the hold hearings to examine the semiannual monetary policy Fiscal Year 2006 National Defense budget request, 10 report to Congress, 10 a.m., SD–G50. a.m., 2118 Rayburn. Committee on the Budget: to hold hearings to examine Committee on the Budget, hearing on National and transparency of budget measures, 10 a.m., SD–608. Homeland Security: Meeting the Needs, 10 a.m., 210 Committee on Energy and Natural Resources: business Cannon. meeting to consider pending calendar business, 11:30 Committee on Education and the Workforce, to mark up a.m., SD–366. H.R. 27, Job Training Improvement Act of 2005, 10:30 Committee on Environment and Public Works: business a.m., 2175 Rayburn. meeting to consider S. 131, to amend the Clean Air Act Committee on Energy and Commerce, Subcommittee on to reduce air pollution through expansion of cap and Commerce, Trade and Consumer Protection, to mark up trade programs, to provide an alternative regulatory clas- H.R. 29, Spy Act, 10 a.m., 2123 Rayburn. sification for units subject to the cap and trade program, Subcommittee on Energy and Air Quality, to continue and S. 125, to designate the United States courthouse lo- hearings entitled ‘‘Energy Policy Act of 2005: Ensuring cated at 501 I Street in Sacramento, California, as the Jobs for Our Future with Secure and Reliable Energy,’’ ‘‘Robert T. Matsui United States Courthouse’’, 9:30 a.m., 11 a.m., 2322 Rayburn. SD–406. Committee on Financial Services, Subcommittee on Over- Committee on Finance: to hold hearings to examine the sight and Investigations, hearing entitled ‘‘Terrorist Re- President’s budget proposals for fiscal year 2006, 10 a.m., sponses to Improved U.S. Financial Defenses,’’ 10 a.m., SD–215. 2128 Rayburn. Committee on Foreign Relations: to hold hearings to exam- Committee on Government Reform, Subcommittee on ine the President’s proposed budget for fiscal year 2006 Criminal Justice, Drug Policy, and Human Resources, for foreign affairs, 10 a.m., SD–419. hearing entitled ‘‘Is There Such a Thing as Safe Drug Committee on Health, Education, Labor, and Pensions: to Abuse?’’ 2:30 p.m., 2154 Rayburn. hold hearings to examine the realities of safety and secu- Subcommittee on Government Management, Finance, rity regarding drug importation, 10 a.m., SD–430. and Accountability, hearing entitled ‘‘Improving Internal Committee on Homeland Security and Governmental Affairs: Controls—A Review of Changes to OMB Circular to hold hearings to examine transforming government for A–123,’’ 2 p.m., 2247 Rayburn. the 21st Century, 10 a.m., SD–342. Committee on Homeland Security, Subcommittee on Intel- Committee on Indian Affairs: to hold hearings to examine ligence, Information Sharing, and Terrorism Risk Assess- the President’s fiscal year 2006 budget request for Indian ment, hearing entitled: ‘‘The Proposed Fiscal Year 2006: programs, 9:30 a.m., SD–562. Building the Information Analysis Capability of DHS,’’ 2 Committee on the Judiciary: Subcommittee on Constitu- p.m., 1334 Longworth. tion, Civil Rights and Property Rights, to hold hearings Committee on International Relations, hearing on United to examine obscenity prosecution and the Constitution, 3 States Policy Toward Iran: Next Steps, 10:30 a.m., 2172 p.m., SD–226. Rayburn.

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Subcommittee on Europe and Emerging Threats, hear- Committee on Science, hearing on An Overview of the ing An Overview of Transatlantic Relations Prior to Federal R&D Budget for Fiscal Year 2006, 11 a.m., 2328 President Bush’s Visit to Europe, 1 p.m., 2200 Rayburn. Rayburn. Subcommittee on the Middle East and Central Asia Committee on Transportation and Infrastructure, to consider and the Subcommittee on International Terrorism and the following: Budget Views and Estimates for Fiscal Nonproliferation, joint hearing on Iran: A Quarter-Cen- Year 2006 for submission to the Committee on the tury of State-Sponsored Terror, 1 p.m., 2172 Rayburn. Budget; an Oversight Plan for the 109th Congress; and Committee on Resources, oversight hearing on the Status any other pending business, 11 a.m., 2167 Rayburn. of the Indian Trust Fund Lawsuit, Cobell v. Norton, 11 Subcommittee on Water Resources, oversight hearing a.m., 1324 Longworth. on the following Agency Budgets and Priorities for Fiscal Subcommittee on Energy and Mineral Resources and Year 2006: EPA and NOAA, 2 p.m., 2167 Rayburn. the Subcommittee on Forests and Forest Health, joint Committee on Veterans’ Affairs, hearing on the Depart- oversight hearing on the Impact of High Energy Costs on ment of Veterans Affairs Budget for Fiscal Year 2006, 10 the Competitiveness of America’s Pulp and Paper Indus- a.m., 334 Cannon. Permanent Select Committee on Intelligence, executive, to try, 2 p.m., 1324 Longworth. continue hearings on Threats, 10 a.m., and 2 p.m., H–405 Capitol.

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Re´sume´ of Congressional Activity

FIRST SESSION OF THE ONE HUNDRED EIGHTH CONGRESS The first table gives a comprehensive re´sume´ of all legislative business transacted by the Senate and House. The second table accounts for all nominations submitted to the Senate by the President for Senate confirmation.

DATA ON LEGISLATIVE ACTIVITY DISPOSITION OF EXECUTIVE NOMINATIONS (108–1) January 7 through December 9, 2003 January 7, 2003 through December 31, 2003 Senate House Total Days in session ...... 167 133 . . Civilian Nominations, totaling 600, disposed of as follows: ′ ′ Time in session ...... 1,454 hrs., 05 1,014 hrs., 39 .. Confirmed ...... 378 Congressional Record: Unconfirmed ...... 195 Pages of proceedings ...... 16,221 12,928 . . Withdrawn ...... 13 Extensions of Remarks ...... 2,559 . . Returned to White House ...... 14 Public bills enacted into law ...... 62 136 198 Private bills enacted into law ...... 0 0 0 Other Civilian Nominations, totaling 2,578, disposed of as follows: Bills in conference ...... 22 8 . . Confirmed ...... 2,573 Measures passed, total ...... 590 674 1,264 Unconfirmed ...... 5 Senate bills ...... 183 59 . . House bills ...... 134 286 . . Senate joint resolutions ...... 5 3 . . Air Force Nominations, totaling 9,068, disposed of as follows: House joint resolutions ...... 15 20 . . Confirmed ...... 5,494 Senate concurrent resolutions ...... 37 8 . . Unconfirmed ...... 3,572 House concurrent resolutions ...... 33 77 . . Returned to White House ...... 2 Simple resolutions ...... 183 221 . . Measures reported, total ...... *352 *375 727 Army Nominations, totaling 6,012, disposed of as follows: Senate bills ...... 240 11 . . Confirmed ...... 5,416 House bills ...... 46 233 . . Unconfirmed ...... 594 Senate joint resolutions ...... 4 1 . . Returned to White House ...... 2 House joint resolutions ...... 0 3 . . Senate concurrent resolutions ...... 10 0 . . Navy Nominations, totaling 7,752, disposed of as follows: House concurrent resolutions ...... 1 9 . . Simple resolutions ...... 51 118 . . Confirmed ...... 5,308 Unconfirmed ...... 2,444 Special reports ...... 18 6 . . Conference reports ...... 3 24 . . Measures pending on calendar ...... 153 78 . . Marine Corps Nominations, totaling 2,413, disposed of as follows: Measures introduced, total ...... 2,398 4,616 7,014 Confirmed ...... 2,411 Bills ...... 2,004 3,700 .. Unconfirmed ...... 2 Joint resolutions ...... 26 83 . . Concurrent resolutions ...... 86 348 . . Summary Simple resolutions ...... 283 485 . . Quorum calls ...... 3 2 . . Total Nominations carried over from the First Session ...... 0 Yea-and-nay votes ...... 459 417 . . Total Nominations Received this Session ...... 28,423 Recorded votes ...... 0 258 . . Total Confirmed ...... 21,580 Bills vetoed ...... 0 0 . . Total Unconfirmed ...... 6,812 Vetoes overridden ...... 0 0 . . Total Withdrawn ...... 13 Total Returned to the White House ...... 18 * These figures include all measures reported, even if there was no accom- panying report. A total of 220 reports have been filed in the Senate, 405 reports have been filed in the House.

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Re´sume´ of Congressional Activity

SECOND SESSION OF THE ONE HUNDRED EIGHTH CONGRESS The first table gives a comprehensive re´sume´ of all legislative business transacted by the Senate and House. The second table accounts for all nominations submitted to the Senate by the President for Senate confirmation.

DATA ON LEGISLATIVE ACTIVITY DISPOSITION OF EXECUTIVE NOMINATIONS (108–2) January 3 through December 31, 2004 January 20, 2004 through December 31, 2004 Senate House Total Civilian Nominations, totaling 535 (including 195 nominations car- Days in session ...... 133 110 . . ried over from the First Session), disposed of as follows: Time in session ...... 1,031 hrs., 31′ 879 hrs., 3′ .. Congressional Record: Confirmed ...... 338 Pages of proceedings ...... 12,087 11,057 . . Withdrawn ...... 23 Returned to White House ...... 174 Extensions of Remarks ...... 2,212 . . Public bills enacted into law ...... 84 216 300 Other Civilian Nominations, totaling 4,082 (including 5 nominations Private bills enacted into law ...... 2 4 6 carried over from the First Session), disposed of as follows: Bills in conference ...... 10 9 . . Confirmed ...... 4,077 Measures passed, total ...... 663 747 1,410 Withdrawn ...... 1 Senate bills ...... 192 86 . . Returned to White House ...... 4 House bills ...... 216 332 . . Senate joint resolutions ...... 6 3 . . Air Force Nominations, totaling 9,649 (including 3,572 nominations House joint resolutions ...... 8 12 . . carried over from the First Session), disposed of as follows: Senate concurrent resolutions ...... 44 15 . . Confirmed ...... 5,777 House concurrent resolutions ...... 39 88 . . Withdrawn ...... 2 Simple resolutions ...... 158 211 . . Returned to White House ...... 3,870 Measures reported, total ...... *317 *374 691 Senate bills ...... 227 18 . . Army Nominations, totaling 5,918 (including 594 nominations car- House bills ...... 62 246 . . ried over from the First Session), disposed of as follows: Senate joint resolutions ...... 5 0 . . Confirmed ...... 5,827 House joint resolutions ...... 0 1 . . Returned to White House ...... 91 Senate concurrent resolutions ...... 6 0 . . Navy Nominations, totaling 9,819 (including 2,444 nominations car- House concurrent resolutions ...... 2 6 . . ried over from the First Session), disposed of as follows: Simple resolutions ...... 15 103 . . Special reports ...... 9 6 . . Confirmed ...... 9,803 Conference reports ...... 2 15 . . Returned to White House ...... 16 Measures pending on calendar ...... 296 161 . . Marine Corps Nominations, totaling 1,229 (including 2 nominations Measures introduced, total ...... 1,318 2,338 3,656 carried over from the First Session), disposed of as follows: Bills ...... 1,032 1,732 .. Confirmed ...... 1,225 Joint resolutions ...... 16 32 . . Returned to White House ...... 4 Concurrent resolutions ...... 66 184 . . Simple resolutions ...... 204 390 . . Summary Quorum calls ...... 1 1 . . Total Nominations carried over from the First Session ...... 6,812 Yea-and-nay votes ...... 216 313 . . Total Nominations Received this Session ...... 24,420 Recorded votes ...... 0 230 . . Total Confirmed ...... 27,047 Bills vetoed ...... 0 0 . . Total Unconfirmed ...... 0 Vetoes overridden ...... 0 0 . . Total Withdrawn ...... 26 Total Returned to the White House ...... 4,159 * These figures include all measures reported, even if there was no accom- panying report. A total of 328 reports have been filed in the Senate, 395 reports have been filed in the House.

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(108th Cong., 2D Sess.)

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Law No. Law No. Law No. Law No. Law No. S. 15 ...... 108–276 S. 2508 ...... 108–345 H.R. 1997 ...... 108–212 H.R. 3734 ...... 108–466 H.R. 4593 ...... 108–424 S. 33 ...... 108–350 S. 2511 ...... 108–354 H.R. 2010 ...... 108–376 H.R. 3740 ...... 108–253 H.R. 4613 ...... 108–287 S. 129 ...... 108–411 S. 2618 ...... 108–448 H.R. 2023 ...... 108–377 H.R. 3768 ...... 108–321 H.R. 4618 ...... 108–397 S. 144 ...... 108–412 S. 2634 ...... 108–355 H.R. 2059 ...... 108–209 H.R. 3769 ...... 108–254 H.R. 4620 ...... 108–470 S. 150 ...... 108–435 S. 2640 ...... 108–442 H.R. 2119 ...... 108–460 H.R. 3785 ...... 108–483 H.R. 4632 ...... 108–398 S. 434 ...... 108–436 S. 2657 ...... 108–496 H.R. 2130 ...... 108–240 H.R. 3797 ...... 108–386 H.R. 4635 ...... 108–263 S. 437 ...... 108–451 S. 2693 ...... 108–443 H.R. 2264 ...... 108–200 H.R. 3818 ...... 108–484 H.R. 4654 ...... 108–323 S. 523 ...... 108–204 S. 2712 ...... 108–301 H.R. 2400 ...... 108–378 H.R. 3819 ...... 108–387 H.R. 4657 ...... 108–489 S. 524 ...... 108–367 S. 2742 ...... 108–356 H.R. 2408 ...... 108–327 H.R. 3846 ...... 108–278 S. 551 ...... 108–336 H.R. 4731 ...... 108–399 S. 2781 ...... 108–497 H.R. 2438 ...... 108–241 H.R. 3850 ...... 108–202 H.R. 4759 ...... 108–286 S. 610 ...... 108–201 S. 2845 ...... 108–458 H.R. 2443 ...... 108–293 H.R. 3855 ...... 108–255 S. 643 ...... 108–413 S. 2856 ...... 108–498 H.R. 2457 ...... 108–480 H.R. 3858 ...... 108–362 H.R. 4794 ...... 108–425 S. 714 ...... 108–206 S. 2864 ...... 108–369 H.R. 2489 ...... 108–222 H.R. 3884 ...... 108–467 H.R. 4807 ...... 108–471 S. 741 ...... 108–282 S. 2873 ...... 108–455 H.R. 2523 ...... 108–461 H.R. 3908 ...... 108–305 H.R. 4818 ...... 108–447 S. 1134 ...... 108–373 S. 2883 ...... 108–370 H.R. 2584 ...... 108–219 H.R. 3915 ...... 108–205 H.R. 4827 ...... 108–400 S. 1146 ...... 108–437 S. 2895 ...... 108–348 H.R. 2608 ...... 108–360 H.R. 3917 ...... 108–256 H.R. 4829 ...... 108–478 S. 1167 ...... 108–279 S. 2896 ...... 108–371 H.R. 2619 ...... 108–481 H.R. 3926 ...... 108–216 H.R. 4837 ...... 108–324 S. 1194 ...... 108–414 S. 2965 ...... 108–444 H.R. 2655 ...... 108–449 H.R. 3936 ...... 108–422 H.R. 4842 ...... 108–302 S. 1233 ...... 108–238 S. 2986 ...... 108–415 H.R. 2673 ...... 108–199 H.R. 3939 ...... 108–257 H.R. 4847 ...... 108–472 S. 1241 ...... 108–438 S. 3014 ...... 108–456 H.R. 2696 ...... 108–317 H.R. 3942 ...... 108–258 H.R. 4850 ...... 108–335 S. 1301 ...... 108–495 H.R. 2714 ...... 108–372 H.R. 4011 ...... 108–333 H.R. 4916 ...... 108–280 S. 1368 ...... 108–368 S.J. Res. 28 ...... 108–236 H.R. 2751 ...... 108–271 H.R. 4012 ...... 108–457 H.R. 4917 ...... 108–401 S. 1421 ...... 108–337 S.J. Res. 38 ...... 108–284 H.R. 2768 ...... 108–290 H.R. 4027 ...... 108–485 H.R. 4968 ...... 108–473 S. 1466 ...... 108–452 S.J. Res. 41 ...... 108–322 H.R. 2771 ...... 108–328 H.R. 4037 ...... 108–259 H.R. 5005 ...... 108–303 S. 1537 ...... 108–338 H.R. 2828 ...... 108–361 H.R. 4046 ...... 108–388 H.R. 5008 ...... 108–306 S. 1576 ...... 108–307 H.R. 218 ...... 108–277 H.R. 2912 ...... 108–431 H.R. 4062 ...... 108–217 H.R. 5027 ...... 108–402 S. 1663 ...... 108–339 H.R. 254 ...... 108–215 H.R. 2984 ...... 108–379 H.R. 4066 ...... 108–389 H.R. 5039 ...... 108–403 S. 1687 ...... 108–340 H.R. 265 ...... 108–312 H.R. 3029 ...... 108–242 H.R. 4103 ...... 108–274 H.R. 5051 ...... 108–404 S. 1721 ...... 108–374 H.R. 361 ...... 108–304 H.R. 3056 ...... 108–380 H.R. 4115 ...... 108–329 H.R. 5105 ...... 108–331 S. 1727 ...... 108–439 H.R. 408 ...... 108–229 H.R. 3059 ...... 108–243 H.R. 4116 ...... 108–486 H.R. 5107 ...... 108–405 S. 1778 ...... 108–325 H.R. 480 ...... 108–459 H.R. 3068 ...... 108–244 H.R. 4175 ...... 108–363 H.R. 5122 ...... 108–349 S. 1791 ...... 108–351 H.R. 506 ...... 108–208 H.R. 3104 ...... 108–234 H.R. 4176 ...... 108–260 H.R. 5131 ...... 108–406 S. 1814 ...... 108–341 H.R. 708 ...... 108–230 H.R. 3108 ...... 108–218 H.R. 4200 ...... 108–375 H.R. 5133 ...... 108–407 S. 1848 ...... 108–269 H.R. 743 ...... 108–203 H.R. 3118 ...... 108–223 H.R. 4219 ...... 108–224 H.R. 5147 ...... 108–408 S. 1881 ...... 108–214 H.R. 854 ...... 108–347 H.R. 3124 ...... 108–462 H.R. 4222 ...... 108–296 H.R. 5149 ...... 108–308 S. 1904 ...... 108–225 H.R. 856 ...... 108–231 H.R. 3147 ...... 108–463 H.R. 4226 ...... 108–297 H.R. 5163 ...... 108–426 S. 2017 ...... 108–273 H.R. 884 ...... 108–270 H.R. 3204 ...... 108–464 H.R. 4232 ...... 108–468 H.R. 5183 ...... 108–310 S. 2022 ...... 108–226 H.R. 923 ...... 108–232 H.R. 3209 ...... 108–318 H.R. 4259 ...... 108–330 H.R. 5185 ...... 108–366 S. 2043 ...... 108–227 H.R. 982 ...... 108–326 H.R. 3217 ...... 108–381 H.R. 4278 ...... 108–364 H.R. 5186 ...... 108–409 S. 2052 ...... 108–342 H.R. 1047 ...... 108–429 H.R. 3234 ...... 108–245 H.R. 4299 ...... 108–261 S. 2057 ...... 108–220 H.R. 1086 ...... 108–237 H.R. 3242 ...... 108–465 H.R. 4302 ...... 108–450 H.R. 5204 ...... 108–490 S. 2092 ...... 108–235 H.R. 1113 ...... 108–417 H.R. 3249 ...... 108–319 H.R. 4306 ...... 108–390 H.R. 5213 ...... 108–427 S. 2136 ...... 108–207 H.R. 1274 ...... 108–221 H.R. 3277 ...... 108–291 H.R. 4322 ...... 108–268 H.R. 5245 ...... 108–428 S. 2178 ...... 108–352 H.R. 1284 ...... 108–418 H.R. 3300 ...... 108–246 H.R. 4324 ...... 108–469 H.R. 5294 ...... 108–410 S. 2180 ...... 108–346 H.R. 1303 ...... 108–281 H.R. 3340 ...... 108–294 H.R. 4327 ...... 108–298 H.R. 5360 ...... 108–474 S. 2192 ...... 108–453 H.R. 1308 ...... 108–311 H.R. 3353 ...... 108–247 H.R. 4363 ...... 108–285 H.R. 5363 ...... 108–491 S. 2195 ...... 108–358 H.R. 1350 ...... 108–446 H.R. 3378 ...... 108–266 H.R. 4380 ...... 108–292 H.R. 5364 ...... 108–475 S. 2214 ...... 108–440 H.R. 1417 ...... 108–419 H.R. 3389 ...... 108–320 H.R. 4381 ...... 108–392 H.R. 5365 ...... 108–476 S. 2231 ...... 108–210 H.R. 1446 ...... 108–420 H.R. 3391 ...... 108–382 H.R. 4417 ...... 108–299 H.R. 5370 ...... 108–477 S. 2238 ...... 108–264 H.R. 1521 ...... 108–313 H.R. 3463 ...... 108–295 H.R. 4427 ...... 108–300 H.R. 5382 ...... 108–492 S. 2241 ...... 108–211 H.R. 1533 ...... 108–359 H.R. 3478 ...... 108–383 H.R. 4471 ...... 108–393 H.R. 5394 ...... 108–493 S. 2264 ...... 108–283 H.R. 1572 ...... 108–288 H.R. 3479 ...... 108–384 H.R. 4481 ...... 108–394 H.R. 5419 ...... 108–494 S. 2292 ...... 108–332 H.R. 1598 ...... 108–233 H.R. 3504 ...... 108–267 H.R. 4516 ...... 108–423 S. 2302 ...... 108–441 H.R. 1616 ...... 108–314 H.R. 3536 ...... 108–248 H.R. 4520 ...... 108–357 H.J. Res. 57 ...... 108–391 S. 2315 ...... 108–228 H.R. 1630 ...... 108–430 H.R. 3537 ...... 108–249 H.R. 4548 ...... 108–487 H.J. Res. 97 ...... 108–272 S. 2319 ...... 108–343 H.R. 1648 ...... 108–315 H.R. 3538 ...... 108–250 H.R. 4555 ...... 108–365 H.J. Res. 102 ...... 108–479 S. 2363 ...... 108–344 H.R. 1731 ...... 108–275 H.R. 3632 ...... 108–482 H.R. 4556 ...... 108–395 H.J. Res. 107 ...... 108–309 S. 2415 ...... 108–353 H.R. 1732 ...... 108–316 H.R. 3690 ...... 108–251 H.R. 4567 ...... 108–334 H.J. Res. 110 ...... 108–432 S. 2484 ...... 108–445 H.R. 1822 ...... 108–239 H.R. 3706 ...... 108–385 H.R. 4569 ...... 108–488 H.J. Res. 111 ...... 108–433 S. 2486 ...... 108–454 H.R. 1914 ...... 108–289 H.R. 3724 ...... 108–213 H.R. 4579 ...... 108–396 H.J. Res. 114 ...... 108–416 S. 2507 ...... 108–265 H.R. 1964 ...... 108–421 H.R. 3733 ...... 108–252 H.R. 4589 ...... 108–262 H.J. Res. 115 ...... 108–434

BILLS VETOED

VerDate Aug 04 2004 04:24 Feb 16, 2005 Jkt 039060 PO 00000 Frm 00011 Fmt 0669 Sfmt 0669 E:\CR\FM\D15FE5.REC D15FE5 VerDate Aug 04 2004 04:24 Feb 16, 2005 Jkt 039060 PO 00000 Frm 00012 Fmt 0669 Sfmt 0669 E:\CR\FM\D15FE5.REC D15FE5 February 15, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D103 199 200 201 202 203 204 205 206 207 208 209 210 No. 108 proved 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 Jan. 23, Feb. 13, Feb. 24, Feb. 29, Mar. 2, Mar. 2, Mar. 15, Mar. 15, Mar. 16, Mar. 19, Mar. 19, Mar. 31, 2003 2003 2003 2004 2003 2003 2004 2003 2004 2004 2004 2004 Nov. 6, Dec. 9, Nov. 24, Feb. 27, Dec. 9, July 30, Mar. 12, Nov. 24, Feb. 27, Mar. 4, Mar. 4, Mar. 25, House Senate Date ap- Date House Senate 2003 2003 2004 2004 2003 2004 2004 2004 2004 2003 2003 2004 108 Senate 46 176 April 2, April 46 176 374 49 Feb. 11, Feb. 374 49 108 ...... 113 Jan. 28, ...... 135 Feb. 24, 2003 2003 2003 2003 ...... Feb. 26, ...... 346 ...... Nov. 4, 257 ...... Sept. 23, ...... Mar. 30, Oct. 29, May 15, 2003 2003 2003 2003 ...... 193 ...... July 14, ...... 0 Mar. 3, GA ...... July 28, GA ...... July 17, IA Nov. Committee Date Reported Report No. Date of passage Public Law House Senate House Senate House House Senate House IR FR TI 7, ...... WM ...... Res Sci Oct. 24, 10, WM Fin Mar. Res Agr SB ...... Mar. Res ENR 26, 4, Aug. 3, Res Nov. Res Sept. WM EC Date intro- duced 2003 2003 2003 2004 2003 2003 2004 2003 2004 2003 2003 2004 H.R. 2673 July 9, July 22, H.R. 2673 13, May Mar. H.R. 2264 S. 610 26, Feb. 12, H.R. 3850 Feb. 5, H.R. 743 Mar. 9, 26, S. 523 Mar. H.R. 3915 Mar. 26, S. 714 Feb. 29, S. 2136 Jan. 25, 9, H.R. 506 May Mar. H.R. 2059 S. 2231 Title Bill No. Title Bill Development, Food and Drug Administra- tion, and Related Agencies for the fiscal year ending September 30, 2004, and for other purposes. 2004 and 2005 to carry out the Congo Basin Forest Partnership (CBFP) program, and for other purposes. States Code, to provide for workforce flexi- bilities and certain Federal personnel provi- sions relating to the National Aeronautics and Space Administration, for other purposes. safety, motor carrier transit, and other programs funded out of the Highway Trust Fund pending enactment of a law re- authorizing the Transportation Equity Act for the 21st Century. ternal Revenue Code of 1986 to provide additional safeguards for Social Security and Supplemental Security Income bene- ficiaries with representative payees, to en- hance program protections, and for other purposes. to Native Americans, and for other pur- poses. sion of programs under the Small Business Act and the Small Business Investment of 1958 through April 2, 2004, and for other purposes. cel of Bureau Land Management land in Douglas County, Oregon, to the county improve management of and recreational access to the Oregon Dunes National Recreation Area, and for other purposes. nation date of the National Commission on Terrorist Attacks Upon the United States, to provide additional funding for the Com- mission, and for other purposes. ological sites in the Galisteo Basin New Mexico, and for other purposes. the State of New Mexico as a National Historic Landmark, and for other purposes. Needy Families block grant program through June 30, 2004, and for other pur- poses. Making appropriations for Agriculture, Rural To authorize appropriations for fiscal years To amend the provisions of title 5, United To provide an extension of highway, highway To amend the Social Security Act and In- To make technical corrections to laws relating To provide for an additional temporary exten- To provide for the conveyance of a small par- To extend the final report date and termi- To provide for the protection of archae- To designate Fort Bayard Historic District in To reauthorize the Temporary Assistance for

VerDate Aug 04 2004 04:24 Feb 16, 2005 Jkt 039060 PO 00000 Frm 00013 Fmt 0668 Sfmt 0668 E:\CR\FM\D15FE5.REC D15FE5 D104 CONGRESSIONAL RECORD — DAILY DIGEST February 15, 2005 211 212 213 214 215 216 217 218 219 220 No. 108 proved 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 Mar. 31, April 1, April 1, April 1, April 5, April 5, April 5, April 10, April 13, April 22, 2004 2004 2004 2003 2004 2004 2004 2004 2004 2004 Mar. 26, Mar. 25, Mar. 12, Nov. 25, Mar. 12, Mar. 25, April 1, Jan. 28, Mar. 24, Mar. 3, House Senate Date ap- Date House Senate 2004 2004 2004 2004 2003 2004 2004 2003 2003 2004 108 Senate 17 ...... Feb. 26, 433 0 Mar. 10, Mar. 433 0 378 ...... Nov. 21, 108 2003 ...... 420 ...... Feb. 26, Nov. 24, 2004 2004 2003 2003 ...... Mar. 30, Feb. 11, Nov. 18, Fin ...... Oct. 8, Fin ...... Oct. CST Committee Date Reported Report No. Date of passage Public Law House Senate House Senate House House Senate House Jud AS-H FS BHUA 9, Mar. EC HEL&P 3, 25, ...... 24, Feb. Feb. FS FR 31, EC ...... SB ...... Mar...... Mar. EWf WM Res ENR AS-H AS-S 30, ...... Mar. Date intro- duced 2004 2003 2004 2003 2003 2004 2004 2003 2003 2004 S. 2241 Mar. 26, Mar. 7, May S. 2241 21, H.R. 1997 Jan. 18, H.R. 3724 Nov. 8, S. 1881 Jan. H.R. 254 10, Mar. 30, H.R. 3926 Mar. 17, H.R. 4062 Sept. H.R. 3108 24, June 9, H.R. 2584 Feb. S. 2057 Title Bill No. Title Bill nutrition programs through June 30, 2004. the Uniform Code of Military Justice to protect unborn children from assault and murder, and for other purposes. ing Act to make a technical correction restore allowable increases in the maximum mortgage limits for FHA-insured mort- gages for multifamily housing projects to cover increased costs of installing a solar energy system or residential con- servation measures. metic Act to make technical corrections re- lating to the amendments by Medical Device User Fee and Modernization Act of 2002, and for other purposes. States to agree certain amendments the Agreement between Government of the United States of America and Gov- ernment of the United Mexican States con- cerning the establishment of a Border En- vironment Cooperation Commission and a North American Development Bank, and for other purposes. promote organ donation, and for other pur- poses. sion of programs under the Small Business Act and the Small Business Investment of 1958 through June 4, 2004, and for other purposes. Security Act of 1974 and the Internal Rev- enue Code of 1986 to temporarily replace the 30-year Treasury rate with a based on long-term corporate bonds for certain pension plan funding requirements and other provisions, and for purposes. Atoll local government of a decommis- sioned National Oceanic and Atmospheric Administration ship, and for other pur- poses. burse members of the United States Armed Forces for certain transportation expenses incurred by the members in connection with leave under the Central Command Rest and Recuperation Leave Program be- fore the program was expanded to include domestic travel. To reauthorize certain school lunch and child To amend title 18, United States Code, and To amend section 220 of the National Hous- To amend the Federal Food, Drug, and Cos- To authorize the President of United To amend the Public Health Service Act to To provide for an additional temporary exten- To amend the Employee Retirement Income To provide for the conveyance to Utrok To require the Secretary of Defense to reim-

VerDate Aug 04 2004 04:24 Feb 16, 2005 Jkt 039060 PO 00000 Frm 00014 Fmt 0668 Sfmt 0668 E:\CR\FM\D15FE5.REC D15FE5 February 15, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D105 221 222 223 224 226 228 229 230 231 232 233 234 235 236 225 227 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 April 30, April 30, April 30, April 30, May 7, May 18, May 28, May 28, May 28, May 28, May 28, May 28, June 14, June 15, May 7, May 7, 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 April 20, April 20, April 20, April 29, Mar. 12, April 27, May 19, May 19, May 19, May 18, May 19, May 18, May 6, April 1, Mar. 12, Mar. 12, 2003 2004 2003 2004 2004 2004 2003 2003 2003 2003 2003 2004 2004 2004 2004 2004 317 ...... Nov. 4, 8, Oct. 292 240 8, Oct. 293 242 153 ...... June 24, 15, Oct. 306 244 ...... 0 April 21, ...... 243 May 14, ...... 0 Mar. 30, ...... 0 May 20, ...... 0 April 28, ...... 0 April 28, 2004 2004 2004 2004 2004 2004 2004 2004 2004 ...... 341 ...... Nov. 18, ...... 368 ...... Mar. 23, ...... April 28, Mar. 9, Mar. 9, Mar. 9, 2003 2003 2003 2003 2003 2003 2003 EPW ...... Mar. 10, EPW ...... Mar. 9, ENR Mar. 29, FR ...... April EPW ...... Mar. 10, EPW ...... Mar. TI Nov. 4, 17, TI Nov. 15, Res Nov. Oct. TI EPW TI WM Res Sci 2, EC CST 2, Oct. Res ENR Oct. Res ENR 5, ...... Res EPW ...... 12, May June SB SBE 8, Oct. Res ENR AS-H AS-S 11, May AS-H Jud ...... 2, ...... June TI EPW 10, Mar. 2003 2003 2003 2004 2004 2004 2003 2003 2003 2003 2003 2003 2004 2004 2003 2004 H.R. 1274 Mar. 13, Mar. 17, H.R. 1274 17, June Sept. H.R. 2489 27, H.R. 3118 April H.R. 4219 22, Jan. 8, S. 2022 April 28, 11, Jan. S. 2315 Feb. H.R. 408 13, H.R. 708 Feb. 26, H.R. 856 Feb. 3, H.R. 923 April H.R. 1598 16, Sept. 12, H.R. 3104 Feb. S. 2092 25, Feb. S.J. Res. 28 S. 2043 Feb. 2, Feb. S. 2043 S. 1904 Nov. 20, Nov. S. 1904 . ’’ Ronald Reagan ‘‘ Wilkie D. Fer- ‘‘ . ’’ Senator Paul Simon Federal ‘‘ . ’’ ices to convey Fresno County, California, the existing Federal courthouse in that county. funds to the Cowlitz Indian Tribe. Building and the Wilbur Wright Federal Building in Washington, District of Co- lumbia. safety, motor carrier transit, and other programs funded out of the Highway Trust Fund pending enactment of a law re- authorizing the Transportation Equity Act for the 21st Century. cated at 400 North Miami Avenue in Miami, Florida, as the 250 West Cherry Street in Carbondale, Il- linois the Building burg, Pennsylvania, as the Federal Building of 1962 to extend the deadline for INTELSAT initial public offering. Dunes National Lakeshore. Forest System lands in Mendocino National Forest, California, to provide for the use of the proceeds from such conveyance for Na- tional Forest purposes, and for other pur- poses. revise a repayment contract with the Tom Green County Water Control and Improve- ment District No. 1, San Angelo project, Texas, and for other purposes. of 1958 to allow certain premier certified lenders to elect maintain an alternative loss reserve. Groundwater Study and Facilities Act to authorize the Secretary of Interior to participate in projects within the San Diego Creek Watershed, California, and for other purposes. campaign medals to be awarded mem- bers of the uniformed services who partici- pate in Operation Enduring Freedom and to members of the uniformed services who participate in Operation Iraqi Freedom. World Health Organization. lied landing at Normandy during World War II. guson, Jr. United States Courthouse To direct the Administrator of General Serv- To provide for the distribution of judgment To designate the Orville Wright Federal To provide an extension of highway, highway To designate the United States courthouse lo- To designate the Federal building located at To designate a Federal building in Harris- To amend the Communications Satellite Act To provide for expansion of Sleeping Bear To require the conveyance of certain National To authorize the Secretary of Interior to To amend the Small Business Investment Act To amend the Reclamation Wastewater and To provide for the establishment of separate To address the participation of Taiwan in Recognizing the 60th anniversary of Al-

VerDate Aug 04 2004 04:24 Feb 16, 2005 Jkt 039060 PO 00000 Frm 00015 Fmt 0668 Sfmt 0668 E:\CR\FM\D15FE5.REC D15FE5 D106 CONGRESSIONAL RECORD — DAILY DIGEST February 15, 2005 237 238 240 241 242 246 248 239 243 244 245 247 249 No. 108 proved 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 June 22, June 22, June 25, June 25, June 25, June 25, June 25, June 25, June 25, June 25, June 25, June 25, June 25, 2004 2003 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 April 2, July 14, June 9, June 9, June 9, June 9, June 9, June 9, June 9, June 9, June 9, June 9, June 9, House Senate Date ap- Date House Senate 2003 2004 2003 2003 2003 2003 2004 2004 2004 2003 2003 2003 2004 108 Senate 125 0 June 10, June 125 0 1, June 372 0 108 ...... 0 Nov. 18, ...... 0 Nov. 4, ...... 0 Nov. 4, ...... 0 Nov. 18, ...... 0 Mar. 9, ...... 0 April 20, ...... 0 Mar...... 24, 0 Oct. 20, ...... 0 Oct. 28, ...... 0 Nov. 17, ...... 0 Mar. 9, 2003 2003 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 Nov. 6, June 19, 2003 2003 Jud Nov. 17, Jud Nov. Committee Date Reported Report No. Date of passage Public Law House Senate House Senate House House Senate House Jud Jud May 22, May Jud Res Jud GR GA 7, GR GA June 7, GR GA June 7, June GR GA 7, June GR GA 7, June GR GA 7, June GR GA 7, GR GA June 7, GR GA June 7, June GR GA 7, June GR GA 7, June Date intro- duced 2003 2003 2003 2003 2003 2003 2003 2003 2003 2003 2003 2003 2003 H.R. 1086 Mar. 5, Mar. 11, H.R. 1086 June S. 1233 15, May 11, H.R. 2130 June 5, H.R. 2438 Sept. H.R. 3029 15, Oct. H.R. 3300 19, Nov. H.R. 3536 H.R. 1822 April 11, April H.R. 1822 10, Sept. 10, H.R. 3059 Sept. H.R. 3068 21, Oct. H.R. 3353 19, Nov. H.R. 3537 H.R. 3234 Oct. 2, Oct. H.R. 3234 S. ‘‘ . . ’’ ’’ George . . Ben R. . ‘‘ ’’ ’’ ‘‘ . ’’ ’’ Walter F. ‘‘ Army Pvt. ‘‘ . . Brigadier Gen- ’’ Army Staff Sgt. ’’ ‘‘ ‘‘ Title Bill No. Title Bill New Bridge Landing Post ‘‘ . ’’ . ’’ . ’’ Dosan Ahn Chang Ho Post Office Major Henry A. Commiskey, Sr. Post Of- Lloyd L. Burke Post Office Ehrnfelt, Jr. Post Office Building tion of voluntary consensus standards by providing relief under the antitrust laws to standards development organizations with respect to conduct engaged in for the pur- pose of developing voluntary consensus standards, and for other purposes. Blacks in Wax Museum and Justice Learn- ing Center. Postal Service located at 3751 West 6th Street in Los Angeles, California, as the ‘‘ States Postal Service located at 121 Kinderkamack Road in River Edge, New Jersey, as the Office Postal Service located at 115 West Pine Street in Hattiesburg, Mississippi, as the ‘‘ fice Building Postal Service located at 255 North Main Street in Jonesboro, Georgia, as the Truett Cathy Post Office Building Postal Service located at 304 West Michi- gan Street in Stuttgart, Arkansas, as the ‘‘ Postal Service located at 2055 Siesta Drive in Sarasota, Florida, as the Postal Service located at 14 Chestnut Street in Liberty, New York, as the Postal Service located at 15500 Pearl Road in Strongsville, Ohio, as the Postal Service located at 525 Main Street in Tarboro, North Carolina, as the Postal Service located at 210 Main Street in Malden, Illinois, as the Lincoln Hollinsaid Malden Post Office Postal Service located at 185 State Street in Manhattan, Illinois, as the Gerow Post Office Building Henry White Post Office Building Shawn Pahnke Manhattan Post Office eral (AUS-Ret.) John H. McLain Post Of- fice To encourage the development and promulga- To authorize assistance for the National Great To designate the facility of United States To redesignate the facility of United To designate the facility of United States To designate the facility of United States To designate the facility of United States To designate the facility of United States To designate the facility of United States To designate the facility of United States To designate the facility of United States To designate the facility of United States To designate the facility of United States

VerDate Aug 04 2004 04:24 Feb 16, 2005 Jkt 039060 PO 00000 Frm 00016 Fmt 0668 Sfmt 0668 E:\CR\FM\D15FE5.REC D15FE5 February 15, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D107 253 250 251 254 257 258 260 262 263 252 255 256 259 261 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 June 25, June 25, June 25, June 25, June 25, June 25, June 25, June 30, June 30, June 25, June 25, June 25, June 25, June 25, 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 June 9, June 9, June 9, June 9, June 9, June 9, June 9, June 22, June 23, June 9, June 9, June 9, June 9, June 9, 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 ...... 0 May 18, ...... 0 Mar. 9, ...... 0 Feb. 25, ...... 0 Mar. 2, ...... 0 May ...... 11, 0 April 27, ...... 0 May 18, ...... 0 Mar. 16, ...... 0 April 20, ...... 0 Mar. 29, ...... 0 April 20, ...... 0 May 11, 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 ...... June 23, GR GA 7, June GR GA 7, GR GA June 7, June GR GA 7, June GR GA 7, GR GA June 7, June 22, GR GA 7, June WM ...... June TI WM Res Sci GR GA 7, June GR GA 7, GR GA June 7, June GR GA 7, June GR GA 7, June 2004 2003 2003 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 H.R. 3740 Jan. 28, Jan. H.R. 3740 H.R. 3538 Nov. 19, Nov. H.R. 3538 8, Dec. H.R. 3690 4, Feb. H.R. 3769 11, Mar. 11, H.R. 3939 Mar. H.R. 3942 20, April H.R. 4176 16, June 22, H.R. 4589 June H.R. 4635 H.R. 3733 Jan. 27, Jan. H.R. 3733 9, Mar. H.R. 3917 25, Mar. H.R. 4037 6, May H.R. 4299 H.R. 3855 Feb. 26, Feb. H.R. 3855 . . ’’ . ’’ ’’ Dr. Bar- ‘‘ ‘‘ General . ‘‘ ’’ . ’’ Myron V. ‘‘ . ’’ . ’’ . ’’ . ’’ Rhode Island Veterans Post ‘‘ . ’’ . . ’’ ’’ Marine Capt. Ryan Beaupre Saint Anne Oscar Scott Woody Post Office Building Ben Atchley Post Office Building Maxine S. Postal United States Post Of- Mary Ann Collura Post Office Building Richard G. Wilson Processing and Dis- Bobby Marshall Gentry Post Office Build- ber Conable Post Office Building Miguel A. Nevarez Post Office Building Postal Service located at 201 South Chi- cago Avenue in Saint Anne, Illinois, as the ‘‘ Post Office Postal Service located at 2 West Main Street in Batavia, New York, as the Postal Service located at 410 Huston Street in Altamont, Kansas, as the George Post Office Postal Service located at 223 South Main Street in Roxboro, North Carolina, as the ‘‘ Postal Service located at 137 East Young High Pike in Knoxville, Tennessee, as the ‘‘ Postal Service located at 607 Pershing Drive in Laclede, Missouri, as the Postal Service located at 695 Marconi Bou- levard in Copiague, New York, as the ‘‘ fice States Postal Service located at 14-24 Ab- bott Road in Fair Lawn, New Jersey, as the ‘‘ States Postal Service located at 7 Commer- cial Boulevard in Middletown, Rhode Is- land, as the Office Building Postal Service located at 475 Kell Farm Drive in Cape Girardeau, Missouri, as the ‘‘ tribution Facility Postal Service located at 122 West Elwood Avenue in Raeford, North Carolina, as the ‘‘ ing Postal Service located at 410 South Jackson Road in Edinburg, Texas, as the Needy Families block grant program through September 30, 2004, and for other purposes. safety, motor carrier transit, and other programs funded out of the Highway Trust Fund pending enactment of a law re- authorizing the Transportation Equity Act for the 21st Century. John J. Pershing Post Office To designate the facility of United States To designate the facility of United States To designate the facility of United States To designate the facility of United States To designate the facility of United States To designate the facility of United States To designate the facility of United States To redesignate the facility of United To redesignate the facility of United To designate the facility of United States To designate the facility of United States To designate the facility of United States To reauthorize the Temporary Assistance for To provide an extension of highway, highway

VerDate Aug 04 2004 04:24 Feb 16, 2005 Jkt 039060 PO 00000 Frm 00017 Fmt 0668 Sfmt 0668 E:\CR\FM\D15FE5.REC D15FE5 D108 CONGRESSIONAL RECORD — DAILY DIGEST February 15, 2005 273 264 265 266 267 268 269 270 271 272 274 275 No. 108 proved 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 July 7, June 30, June 30, July 2, July 2, July 2, July 2, July 7, July 7, July 7, July 13, July 15, 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 June 9, June 15, June 23, June 18, June 18, June 21, May 19, June 24, June 24, June 24, June 24, June 25, House Senate Date ap- Date House Senate 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 108 Senate 380 ...... Feb. 25, 108 ...... 0 June 22, ...... 262 June 21, ...... 238 June 21, ...... 0 June 14, 2004 2004 2004 2004 ...... 507 ...... June 14, 510 ...... June 14, ...... 299 ...... June 21, ...... 501 ...... June 14, 528 ...... June 23, 2004 2004 2003 2003 2004 2004 ...... 279 June 24, GA ...... June 7, GA ...... June BHUA ...... May 13, BHUA ...... May 9, ENR ...... Mar. Committee Date Reported Report No. Date of passage Public Law House Senate House Senate House House Senate House Res May 20, 20, 14, Res May EWf Res May AS-H ...... June 7, Res Oct. 19, Nov. GR GA 19, WM Fin 8, 15, June WM May Jud June Date intro- duced 2004 2004 2004 2003 2003 2004 2003 2003 2003 2004 2004 2003 June 3, (S.J. Res. 39) S. 2017 Jan. 22, Jan. S. 2017 S. 2238 Mar. 25, Mar. 7, June S. 2238 S. 2507 28, Oct. 17, H.R. 3378 Nov. 11, H.R. 3504 May 11, H.R. 4322 Nov. 25, S. 1848 Feb. H.R. 884 16, July H.R. 2751 H.J. Res. 97 1, April 10, H.R. 4103 April H.R. 1731 . ’’ Title Bill No. Title Bill Luis A. Ferre United States Courthouse of 1968 to reduce loses properties for which repetitive flood insurance claim pay- ments have been made. School Lunch Act and the Child Nutrition Act of 1966 to provide children with in- creased access to food and nutrition assist- ance, to simplify program operations and improve program management, to reau- thorize child nutrition programs, and for other purposes. and the nesting habitats of marine turtles in foreign countries. Education Assistance Act to redesignate the American Indian Education Foundation as the National Fund for Excellence in American Indian Education. Avenue Naval Complex in the District of Columbia to facilitate the establishment of the headquarters for Department of Homeland Security, to provide for the ac- quisition by the Department of Navy of suitable replacement facilities, and for other purposes. veyance Act to direct the Secretary of Agri- culture to sell the, Bend Pine Nursery Ad- ministration Site in the State of Oregon. funds awarded to the Western Shoshone identifiable group under Indian Claims Commission Docket Numbers 326-A-1, 326-A-3, and 326-K, for other pur- poses. with respect to the GAO, and for other purposes. contained in the Burmese Freedom and Democracy Act of 2003. and post office building located at 93 Atocha Street in Ponce, Puerto Rico, as the ‘‘ and Post Office Building under the African Growth and Oppor- tunity Act. tablish penalties for aggravated identity theft, and for other purposes. To amend the National Flood Insurance Act To amend the Richard B. Russell National To assist in the conservation of marine turtles To amend the Indian Self-Determination and To provide for the transfer of Nebraska To amend the Bend Pine Nursery Land Con- To provide for the use and distribution of To provide new human capital flexibilities Approving the renewal of import restrictions To designate the United States courthouse To extend and modify the trade benefits To amend title 18, United States Code, to es-

VerDate Aug 04 2004 04:24 Feb 16, 2005 Jkt 039060 PO 00000 Frm 00018 Fmt 0668 Sfmt 0668 E:\CR\FM\D15FE5.REC D15FE5 February 15, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D109 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 July 21, July 22, July 22, July 22, July 30, Aug. 2, Aug. 2, Aug. 2, Aug. 2, Aug. 2, Aug. 3, Aug. 5, Aug. 6, Aug. 6, Aug. 6, 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 May 19, July 7, June 25, May 19, July 22, July 9, Mar. 8, May 7, June 9, July 14, July 15, June 24, July 19, July 20, July 20, 2004 2004 2004 2004 2004 2003 2004 2004 2004 2004 2004 2004 2003 2004 2004 239 0 Oct. 7, Oct. 239 0 20, July 608 226 546 ...... June 21, 3, Sept. 216 0 ...... 0 July 14, ...... 234 July 12, ...... 0 July 19, 2003 2004 2004 2004 2004 2004 2004 ...... 560 ...... June 23, ...... 509 ...... June 21, ...... July 22, ...... 597 ...... July 14, ...... 472 ...... July ...... 14, 473 ...... July 14, July 7, July 7, Feb. 18, June 24, 2004 2004 2003 2004 2004 2004 2003 2004 2004 2004 2004 ...... 553 ...... June 22, May 20, July 25, April 27, July 6, April 27, July 6, HEL&P ...... Mar. 25, HEL&P ...... Mar. 9, ENR ...... Mar. GA Jud June 22, Jud June Res Agr TI WM Sci Res 15, Jud GA July EC HEL&P 12, 16, IR FR 29, HA RAdm June FS BHUA April WM July 17, July 20, ...... TI EPW ...... July FS WM FS WM 2003 2003 2004 2003 2004 2003 2003 2004 2004 2004 2004 2004 2003 2003 2003 S. 15 Mar. 11, Mar. S. 15 7, Jan. 26, H.R. 218 Feb. 2, H.R. 3846 June 22, July S. 1167 H.R. 4916 18, 27, Mar. 31, Mar. H.R. 1303 Mar. S. 741 13, S. 2264 June 3, S.J. Res. 38 May 6, 18, July H.R. 4363 June 2, H.R. 4759 H.R. 4613 April 1, H.R. 1572 May 17, H.R. 1914 July H.R. 2768 .. ’’ Winston E. Arnow Federal Courthouse provide for the payment of compensation for certain individuals with injuries result- ing from the administration of smallpox countermeasures, to provide protections and countermeasures against chemical, ra- diological, or nuclear agents that may be used in a terrorist attack against the United States, and to improve immuniza- tion rates by increasing the distribution of vaccines and improving clarifying the vaccine injury compensation program. exempt qualified current and former law enforcement officers from State laws pro- hibiting the carrying of concealed hand- guns. the Secretary of Interior to enter into an agreement or contract with Indian tribes meeting certain criteria to carry out projects to protect Indian forest land. and Stone Counties in the State of Missouri. safety, motor carrier transit, and other programs funded out of the Highway Trust Fund pending enactment of a law re- authorizing the Transportation Equity Act for the 21st Century. with respect to rulemaking authority of the Judicial Conference. metic Act with regard to new animal drugs, and for other purposes. da, and for other purposes. as a citizen regent of the Board Regents of the Smithsonian Institution. opportunities. Free Trade Agreement. Defense for the fiscal year ending Sep- tember 30, 2005, and for other purposes. Court Building located at 100 North Palafox Street in Pensacola, Florida, as the ‘‘ memorate the 400th anniversary of Jamestown settlement. mint coins in commemoration of Chief Justice John Marshall. To amend the Public Health Service Act to To amend title 18, United States Code, to To authorize the Secretary of Agriculture and To resolve the boundary conflicts in Barry To provide an extension of highway, highway To amend the E-Government Act of 2002 To amend the Federal Food, Drug, and Cos- To require a report on the conflict in Ugan- Providing for the appointment of Eli Broad To facilitate self-help housing homeownership To implement the United States-Australia Making appropriations for the Department of To designate the historic Federal District To provide for the issuance of a coin to com- To require the Secretary of Treasury to

VerDate Aug 04 2004 04:24 Feb 16, 2005 Jkt 039060 PO 00000 Frm 00019 Fmt 0668 Sfmt 0668 E:\CR\FM\D15FE5.REC D15FE5 D110 CONGRESSIONAL RECORD — DAILY DIGEST February 15, 2005 294 298 291 292 293 295 297 299 301 302 296 300 No. 108 proved 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 Aug. 9, Aug. 9, Aug. 6, Aug. 6, Aug. 9, Aug. 9, Aug. 9, Aug. 9, Aug. 9, Aug. 17, Aug. 9, Aug. 9, 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 July 22, July 22, July 20, July 19, Mar. 30, July 22, July 21, July 22, July 22, July 22, July 22, July 22, House Senate Date ap- Date House Senate 2004 2004 2004 2004 2003 2004 2004 2004 2004 2004 2004 2004 108 Senate 233 ...... Nov. 5, 526 ...... June 22, 22, July 627 0 108 ...... 0 July 6, ...... 0 July 6, ...... 0 June 21, ...... 0 July 6, 2004 2004 2004 2004 2004 ...... 474 ...... July 14, July 20, 2004 2004 2003 2004 2004 April 27, July 6, BHUA ...... 22, ...... July Committee Date Reported Report No. Date of passage Public Law House Senate House Senate House House Senate House GR GA 22, July GR GA 22, July FS WM 24, July TI CST 14, WM ...... July Jud 21, 14, ...... WM July ...... June GR GA 12, ...... July GR GA 8, 22, June TI CST July GR GA 22, July Date intro- duced 2003 2004 2003 2003 2003 2004 2004 2004 2004 2004 2004 2004 July 15, (S. 2677) H.R. 4327 May 11, May H.R. 4327 H.R. 3340 Oct. 20, Oct. H.R. 3340 H.R. 3277 Oct. 8, Oct. H.R. 3277 12, June H.R. 2443 6, Nov. H.R. 3463 20, May 21, H.R. 4417 July S. 2712 H.R. 4842 H.R. 4380 May 18, May H.R. 4380 27, April 28, H.R. 4222 April H.R. 4226 20, May H.R. 4427 . ’’ New- ‘‘ Sergeant . ‘‘ ’’ . ’’ Cape Town ‘‘ , respectively, and for ’’ James E. Worsham Car- Title Bill No. Title Bill James E. Worsham Post ‘‘ ‘‘ Reid Post Office Building ’ . Veto ’’ ’ . and the ’’ ’’ Vitilas Perry B. Duryea, Jr. Post Office rier Annex Building other purposes. mint coins in commemoration of the 230th Anniversary of the United States Marine Corps, and to support construction of the Marine Corps Heritage Center. Postal Service located at 4737 Mile Stretch Drive in Holiday, Florida, as the Guard for fiscal year 2004, to amend var- ious laws administered by the Coast Guard, and for other purposes. States Postal Service located at 7715 and 7748 S. Cottage Grove Avenue in Chicago, Illinois, as the rity Act to improve the administration of unemployment taxes and benefits. Postal Service located at 550 Nebraska Av- enue in Kansas City, Kansas, as the make certain conforming changes to provi- sions governing the registration of aircraft and the recordation of instruments in order to implement the Convention on Inter- national Interests in Mobile Equipment and the Protocol to Convention on International Interests in Mobile Equip- ment on Matters Specific to Aircraft Equipment, known as the Postal Service located at 7450 Natural Bridge Road in St. Louis, Missouri, as the ‘‘ machine-readable, tamper-resistant entry and exit documents. Postal Service located at 73 South Euclid Avenue in Montauk, New York, as the ‘‘ ing Administration to insure mortgages under sections 238 and 519 of the Na- tional Housing Act. Free Trade Agreement. First Class Paul Ray Smith Post Office Building Office ell George Post Office Building Treaty To require the Secretary of Treasury to To designate the facility of United States To authorize appropriations for the Coast To redesignate the facilities of United To amend titles III and IV of the Social Secu- To designate the facility of United States To amend title 49, United States Code, to To designate the facility of United States To modify certain deadlines pertaining to To designate the facility of United States To preserve the ability of Federal Hous- To implement the United States-Morocco

VerDate Aug 04 2004 04:24 Feb 16, 2005 Jkt 039060 PO 00000 Frm 00020 Fmt 0668 Sfmt 0668 E:\CR\FM\D15FE5.REC D15FE5 February 15, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D111 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 Sept. 8, Sept. 24, Sept. 24, Sept. 24, Sept. 24, Sept. 30, Sept. 30, Sept. 30, Oct. 4, Oct. 5, Oct. 5, Oct. 5, Oct. 5, Oct. 5, Oct. 5, 2004 2004 2004 2004 2004 2004 2004 2004 2003 2004 2004 2004 2004 2004 2004 Sept. 7, Sept. 9, Sept. 10, Sept. 14, May 19, Sept. 30, Sept. 29, Sept. 30, June 5, Sept. 15, Sept. 15, Sept. 15, Sept. 15, Sept. 15, Sept. 15, 2004 2003 2004 2004 2004 2004 2004 2004 2003 2004 2003 2003 2003 2003 2004 24 ...... June 4, 655 236 Sept. 13, Sept. 655 236 1, June 495 330 15, Oct. 301 276 28, Oct. 255 332 17, Nov. 363 287 17, Nov. 364 288 24, Feb. 397 252 2004 2004 2004 2004 2004 2004 2004 ...... Sept. 7, ...... Sept. 30, ...... Sept. 29, ...... Sept. 30, Mar. 9, Aug. 25, May 20, Aug. 25, June 25, June 25, Mar. 29, 2003 2003 2004 2004 2003 2003 2003 2003 2003 June 2, CST Mar. 5, CST Mar. 21, ENR Nov. SB ...... Sept. 13, App Bud EC Jud EWf HEL&P SB ...... 7, ...... Sept. Sept. Res ENR ...... 2, ...... WM June EC 19, App Bud TI Bud WM Res Sci WM ...... 17, ...... May Mar. 7, Res ENR Oct. Res ENR 3, Sept. Res ENR 17, Nov. Res ENR 17, Nov. Res ENR Res Agr 2004 2003 2004 2004 2003 2004 2004 2004 2003 2003 2003 2003 2003 2003 2003 H.R. 5005 Sept. 7, 27, Sept. Jan. H.R. 5005 H.R. 361 4, Mar. 7, H.R. 3908 Sept. 3, H.R. 5008 Sept. 24, S. 1576 Sept. H.R. 5149 29, Sept. 28, Sept. H.J. Res. 107 H.R. 5183 18, Mar. 8, H.R. 1308 Jan. 31, H.R. 265 Mar. 3, H.R. 1521 April 7, H.R. 1616 April 10, H.R. 1648 April H.R. 1732 10, July H.R. 2696 tions for the fiscal year ending September 30, 2004, for additional disaster assistance. relating to the signing of contracts with student athletes as unfair and deceptive acts or practices to be regulated by the Federal Trade Commission. property located at 1081 West Main Street in Ravenna, Ohio. of programs under the Small Business Act and the Small Business Investment Act of 1958 through September 30, 2004, and for other purposes. tional Historical Park, and for other pur- poses. Needy Families block grant program through March 31, 2005, and for other purposes. cal year 2005, and for other purposes. safety, motor carrier transit, and other programs funded out of the Highway Trust Fund pending enactment of a law re- authorizing the Transportation Equity Act for the 21st Century. to end certain abusive tax practices, pro- vide tax relief and simplification, for other purposes. aries of Mount Rainier National Park, and for other purposes. cluded within the boundary of Johns- town Flood National Memorial in the State of Pennsylvania, and for other purposes. within the Martin Luther King, Junior, National Historic Site for lands owned by the City of Atlanta, Georgia, and for other purposes. convey certain water distribution systems of the Cachuma Project, California, to Carpinteria Valley Water District and the Montecito Water District. Groundwater Study and Facilities Act to authorize the Secretary of Interior to participate in the Williamson County, Texas, Water Recycling and Reuse Project, and for other purposes. promote the use of adaptive ecosystem management to reduce the risk of wildfires, and restore the health of fire- adapted forest and woodland ecosystems of the interior West. Making emergency supplemental appropria- To designate certain conduct by sports agents To provide for the conveyance of real To provide an additional temporary extension To revise the boundary of Harpers Ferry Na- To reauthorize the Temporary Assistance for Making continuing appropriations for the fis- To provide an extension of highway, highway To amend the Internal Revenue Code of 1986 To provide for an adjustment of the bound- To provide for additional lands to be in- To authorize the exchange of certain lands To authorize the Secretary of Interior to To amend the Reclamation Wastewater and To establish Institutes to demonstrate and

VerDate Aug 04 2004 04:24 Feb 16, 2005 Jkt 039060 PO 00000 Frm 00021 Fmt 0668 Sfmt 0668 E:\CR\FM\D15FE5.REC D15FE5 D112 CONGRESSIONAL RECORD — DAILY DIGEST February 15, 2005 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 No. 108 proved 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 Oct. 5, Oct. 5, Oct. 5, Oct. 5, Oct. 5, Oct. 6, Oct. 13, Oct. 13, Oct. 16, Oct. 16, Oct. 16, Oct. 16, Oct. 16, Oct. 16, Oct. 16, 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 Sept. 15, Sept. 15, Sept. 23, Sept. 15, July 22, Sept. 28, Sept. 20, Sept. 15, Sept. 29, Sept. 30, Sept. 30, Sept. 29, Sept. 29, Oct. 1, May 7, House Senate Date ap- Date House Senate 2003 2003 2004 2004 2004 2004 2004 2004 2003 2004 2004 2004 2004 2004 2004 108 Senate 356 289 Nov. 17, Nov. 356 289 419 ...... Mar. 17, 3, May 493 333 603 ...... Sept. 7, 4, Nov. 102 0 23, Mar. 385 315 533 ...... July 20, 108 ...... 0 Oct. 28, ...... 0 Sept. 21, ...... 271 Sept. 28, ...... 0 Oct. 8, 2004 2004 2004 2004 2004 2004 2004 2004 ...... 476 ...... May 5, 535 ...... July 19, June 25, Aug. 25, July 20, Aug. 25, 2003 2004 2004 2004 2003 2003 2003 2004 2004 2004 ...... 22, July 607 309 May 15, ENR May 20, ENR May 20, ENR ...... 7, May Fin Oct. 9, GA June Committee Date Reported Report No. Date of passage Public Law House Senate House Senate House House Senate House Res ENR Nov. 7, Nov. Res ENR 11, Res Agr Feb. Sci CST 17, May Res ENR 14, HA IA July IR FR 16, July 28, 20, Res Jud 9, Nov. Res EPW EC April 29, Res June GR HS TI ...... Sept. IR FR 29, April Date intro- duced 2003 2003 2003 2004 2004 2004 2004 2003 2003 2003 2003 2004 2004 2004 2004 July 15, (S. 2674) H.R. 3209 Sept. 30, Sept. H.R. 3209 3, 29, Oct. Oct. H.R. 3249 4, H.R. 3389 Feb. 23, H.R. 3768 June July 7, S.J. Res. 41 H.R. 4654 23, H.R. 4837 Oct. 27, Feb. S. 1778 10, H.R. 982 June 17, H.R. 2408 July 1, April H.R. 2771 H.R. 4115 4, May H.R. 4259 17, Sept. 7, H.R. 5105 April S. 2292 Title Bill No. Title Bill ization Act of 1972 to clarify the acreage for which the North Loup division is au- thorized to provide irrigation water under the Missouri River Basin project. Payments Committee. Innovation Act of 1980 to permit Malcolm Baldrige National Quality Awards to be made to nonprofit organizations. toric Preserve, Florida. Museum of the American Indian. tion Act of 1998 through fiscal year 2007, and for other purposes. tion, family housing, and base realignment and closure for the Department of Defense for the fiscal year ending September 30, 2005, and for other purposes. United State and the City of Craig, Alaska, and for other purposes. other obligations issued by the Govern- ment of American Samoa. to reauthorize volunteer programs and community partnerships for national wild- life refuges, and for other purposes. reauthorize the New York City Watershed Protection Program. Stat. 1112), to allow binding arbitration clauses to be included in all contracts af- fecting the land within Salt River Pima-Maricopa Indian Reservation. improve the financial accountability re- quirements applicable to the Department of Homeland Security, to establish require- ments for the Future Years Homeland Se- curity Program of the Department, and for other purposes. Smithsonian Institution to carry out con- struction and related activities in support of the collaborative Very Energetic Radi- ation Imaging Telescope Array System (VERITAS) project on Kitt Peak near Tuc- son, Arizona. around the world. To amend the Reclamation Project Author- To extend the term of Forest Counties To amend the Stevenson-Wydler Technology To expand the Timucuan Ecological and His- Commemorating the opening of National To reauthorize the Tropical Forest Conserva- Making appropriations for military construc- To authorize a land conveyance between the To clarify the tax treatment of bonds and To amend the Fish and Wildlife Act of 1956 To amend the Safe Drinking Water Act to To amend the Act of November 2, 1966 (80 To amend title 31, United States Code, to To authorize the Board of Regents To require a report on acts of anti-Semitism

VerDate Aug 04 2004 04:24 Feb 16, 2005 Jkt 039060 PO 00000 Frm 00022 Fmt 0668 Sfmt 0668 E:\CR\FM\D15FE5.REC D15FE5 February 15, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D113 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 Oct. 18, Oct. 18, Oct. 18, Oct. 18, Oct. 18, Oct. 18, Oct. 18, Oct. 18, Oct. 18, Oct. 18, Oct. 18, Oct. 18, Oct. 18, Oct. 18, Oct. 20, Oct. 20, Oct. 21, 2004 2004 2004 2003 2004 2003 2003 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 Sept. 28, Sept. 14, Sept. 22, Nov. 21, Sept. 15, Nov. 24, Nov. 6, Sept. 15, April 20, Sept. 15, Sept. 15, June 3, Sept. 15, Sept. 15, Oct. 6, Oct. 5, Oct. 4, 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 478 ...... July 21, 20, July 610 354 4, Oct. 712 201 654 ...... Sept. 28, 716 ...... Oct. 4, 28, Sept. 601 0 ...... 251 Oct. 4, ...... 179 June 14, 270 Sept. 28, ...... 321 Sept. 28, ...... 299 Oct. 4, ...... 327 Sept. 28, 285 Sept. 28, 2004 2003 2004 2003 2004 2004 2004 2004 2004 2004 ...... Oct. 4, Nov. 19, June 3, 2004 2004 2004 2004 2004 2004 ...... 18, June 541 280 ...... Oct. 8, Sept. 30, FR May 4, FR May 21, App ...... Sept. 4, EPW Oct. 20, ENR ...... May 4, EPW Oct. 7, ENR ...... July 25, ENR ...... June IR Jud EC Res 7, Res ENR Sept. 29, Res ANF Mar. Res EPW 30, Oct. Res Agr EWf Res ENR 25, 13, Aug. July Jud Res ENR 25, 28, Aug. IR Jud FS HA ...... Sept. 2004 2004 2004 2003 2003 2003 2003 2003 2003 2004 2004 2004 2004 2004 2003 2004 2004 June 15, July 19, (S. 2537) (S. 2826) H.R. 4011 Mar. 23, Mar. H.R. 4011 H.R. 4567 6, H.R. 4850 Mar. 16, S. 551 31, July July 25, S. 1421 30, Sept. S. 1537 Sept. 3, S. 1663 S. 1687 Nov. 5, 19, Feb. S. 1814 29, April 7, S. 2052 April 9, June S. 2319 Mar. S. 2363 13, S. 2508 S. 2180 Feb. 5, H.R. 854 Oct. 22, S. 2895 Sept. H.R. 5122 s Republic of Korea, ’ Democratic People and for other purposes. Homeland Security for the fiscal year end- ing September 30, 2005, and for other purposes. the District of Columbia and other activi- ties chargeable in whole or part against the revenues of said District for fiscal year ending September 30, 2005, and for other purposes. quality programs developed in accordance with an Intergovernmental Agreement be- tween the Southern Ute Indian Tribe and the State of Colorado concerning Air Qual- ity Control on the Southern Ute Indian Reservation, and for other purposes. of restricted land owned by Alaska Natives. vey to the New Hope Cemetery Associa- tion certain land in the State of Arkansas for use as a cemetery. System maps. duct a study on the preservation and inter- pretation of the historic sites Man- hattan Project for potential inclusion in the National Park System. retary of Agriculture and the Secretary the Interior. designate El Camino Real de los Tejas as a National Historic Trail. power licensing of the Tapoco Project. Clubs of America. Colorado, as Lake Nighthorse. change certain lands in the Arapaho and Roosevelt National Forests in the State of Colorado. human rights, and rule of law in the Re- public of Belarus and for the consolidation and strengthening of Belarus sovereignty and independence. Missouri, to be illuminated by pink lights in honor of breast cancer awareness month. Act of 1995 to permit members the Board of Directors the Office Compli- ance to serve for 2 terms. To promote human rights and freedom in the Making appropriations for the Department of Making appropriations for the government of To provide for the implementation of air To authorize the subdivision and dedication To direct the Secretary of Agriculture to con- To replace certain Coastal Barrier Resources To direct the Secretary of Interior to con- To transfer federal lands between the Sec- To amend the National Trails System Act to To authorize and facilitate hydroelectric To revise and extend the Boys Girls To redesignate the Ridges Basin Reservoir, To direct the Secretary of Agriculture to ex- To provide for the promotion of democracy, To authorize the Gateway Arch in St. Louis, To amend the Congressional Accountability

VerDate Aug 04 2004 04:24 Feb 16, 2005 Jkt 039060 PO 00000 Frm 00023 Fmt 0668 Sfmt 0668 E:\CR\FM\D15FE5.REC D15FE5 D114 CONGRESSIONAL RECORD — DAILY DIGEST February 15, 2005 350 351 352 354 355 356 357 358 359 360 353 No. 108 proved 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 Oct. 21, Oct. 21, Oct. 21, Oct. 21, Oct. 21, Oct. 21, Oct. 22, Oct. 22, Oct. 25, Oct. 25, Oct. 21, 2003 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 Nov. 24, Sept. 15, May 19, Sept. 15, July 8, Sept. 28, July 15, Oct. 6, Oct. 1, Oct. 6, June 9, House Senate Date ap- Date House Senate 2004 2004 2004 2004 2004 2004 2004 2004 2003 2003 2004 108 Senate 248 ...... 1, Sept. Oct. 3, 246 385 108 ...... 272 Oct. 7, ...... 328 Oct. 7, ...... 0 Oct. 6, ...... 0 Oct. 8, ...... 0 Oct. 6, 2004 2004 2004 2004 2004 2004 ...... 548 ...... June 17, Oct. 5, 2004 2003 2003 June 16, ANF ...... Oct. 5, ANF ...... Oct. 30, Jud ...... Sept. 14, CST Aug. Committee Date Reported Report No. Date of passage Public Law House Senate House Senate House House Senate House Res ...... 239 Oct. 7, Res Oct. Agr Res ENR 20, May Res ...... 9, 239 Res ENR 25, Aug. EC ...... Sept. Jud 21, Sept. WM Agr 3, Sept. FS BHUA Sci Res GR GA 7, June Date intro- duced 2003 2003 2004 2004 2004 2004 2004 2004 2003 2003 2004 S. 33 Jan. 7, Jan. 28, S. 33 Oct. 9, S. 1791 Mar. 8, S. 2178 June 8, S. 2511 July S. 2634 22, July S. 2742 4, June 11, H.R. 4520 Mar. 1, S. 2195 April 26, June H.R. 1533 H.R. 2608 S. 2415 May 13, May S. 2415 Robert ‘‘ . ’’ Title Bill No. Title Bill sell or exchange all part of certain ad- ministrative sites and other land in the Ozark-St. Francis and Ouachita National Forests and to use funds derived from the sale or exchange to acquire, construct, improve administrative sites. 2002 to provide that the amounts received by the United States under that Act shall be deposited in the reclamation fund, and for other purposes. to certain units of the National Park Sys- tem and to National Park programs. Postal Service located at 4141 Postmark Drive, Anchorage, Alaska, as the duct a feasibility study of Chimayo water supply system, to provide for the planning, design, and construction of a water supply, reclamation, and filtration facility for Espanola, New Mexico, and for other pur- poses. support the planning, implementation, and evaluation of organized activities involving statewide youth suicide early intervention and prevention strategies, to authorize grants to institutions of higher education to reduce student mental health and behav- ioral health problems, and for other pur- poses. Court Police, modify the venue of prosecu- tions relating to the Supreme Court build- ing and grounds, authorize the accept- ance of gifts to the United States Supreme Court. to remove impediments in such Code and make our manufacturing, service, and high-technology businesses and workers more competitive and productive both at home and abroad. clarify the definition of anabolic steroids and to provide for research education activities relating to steroids and steroid precursors. church pension plans to be invested in col- lective trusts. ards Reduction Program, and for other purposes. J. Opinsky Post Office Building To authorize the Secretary of Agriculture to To amend the Lease Lot Conveyance Act of To make technical corrections to laws relating To designate the facility of United States To direct the Secretary of Interior to con- To amend the Public Health Service Act to To extend certain authority of the Supreme To amend the Internal Revenue Code of 1986 To amend the Controlled Substances Act to To amend the securities laws to permit To reauthorize the National Earthquake Haz-

VerDate Aug 04 2004 04:24 Feb 16, 2005 Jkt 039060 PO 00000 Frm 00024 Fmt 0668 Sfmt 0668 E:\CR\FM\D15FE5.REC D15FE5 February 15, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D115 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 Oct. 25, Oct. 25, Oct. 25, Oct. 25, Oct. 25, Oct. 25, Oct. 25, Oct. 25, Oct. 25, Oct. 25, Oct. 25, Oct. 25, Oct. 27, Oct. 27, Oct. 28, 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 Sept. 15, Oct. 8, Oct. 5, Sept. 30, Oct. 9, Oct. 9, May 19, Sept. 9, Oct. 6, Oct. 1, Oct. 5, Sept. 30, Oct. 6, June 2, June 23, 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 524 351 July 22, July 524 351 514 ...... June 14, 285 ...... Mar. 10, 7, Oct. 656 264 ...... 230 Oct. 8, ...... 382 Oct. 7, 2004 2004 2004 2004 ...... 573 ...... July 9, 726 ...... Oct. 5, ...... 694 ...... Oct. 5, ...... 491 ...... May 20, Sept. 20, May 13, 2004 2004 2004 2004 2003 2004 2004 2004 ...... Oct. 8, ...... Oct. 8, June 25, EPW ...... Oct. 1, EPW ...... Oct. EC Oct. 5, EC Oct. 3, June VA 22, 1, 6, June EWf HEL&P EC Sept. EWf ...... Res ENR ...... Oct. 9, Mar. FS BHUA Jud 8, ...... Oct. 25, Sept. 8, Jud ...... 14, ...... Oct. 7, Res IA Sept. AS-H May Res TI 2004 2004 2004 2004 2004 2003 2003 2004 2004 2004 2003 2003 2003 2004 2003 April 20, (S. 2483) H.R. 3858 Feb. 26, Feb. H.R. 3858 H.R. 4175 5, May 14, H.R. 4278 5, June 30, Sept. H.R. 4555 Mar. H.R. 5185 27, S. 524 June 29, S. 1368 1, Sept. Oct. S. 2864 5, S. 2883 Oct. 22, S. 2896 14, May Oct. S. 1134 22, S. 1721 April H.R. 4200 increase the supply of pancreatic islet cells for research, and to provide better co- ordination of Federal efforts and informa- tion on islet cell transplantation. the rates of disability compensation for vet- erans with service-connected disabilities and the rates of dependency indemnity compensation for survivors of certain serv- ice-connected disabled veterans, and for other purposes. 1998 to support programs of grants States to address the assistive technology needs of individuals with disabilities, and for other purposes. revise and extend provisions relating to mammography quality standards. the Higher Education Act of 1965. Donelson National Battlefield to authorize the acquisition and interpretation of lands associated with the campaign that resulted in the capture of fort 1862, and for other purposes. medal on behalf of the Congress to Rev- erend Doctor Martin Luther King, Jr. (posthumously) and his widow Coretta Scott King in recognition of their con- tributions to the Nation on behalf of civil rights movement. which chapter 12 of title 11, United States Code, is reenacted. Remedies Act to limit the tort liability of private entities or organizations that carry out responsibilities of United States Cen- tral Authority under that Act. requirements of the Communications Sat- ellite Act of 1962. thorized by the Public Works and Eco- nomic Development Act of 1965. to improve provisions relating probate of trust and restricted land, for other purposes. 2005 for military activities of the Depart- ment of Defense, for military construction, and for defense activities of the Depart- ment of Energy, to prescribe personnel strengths for such fiscal year the Armed Forces, and for other purposes...... H.R. 2828 July 23, July ...... H.R. 2828 To amend the Public Health Service Act to To increase, effective as of December 1, 2004, To amend the Assistive Technology Act of To amend the Public Health Service Act to To temporarily extend the programs under To expand the boundaries of Fort To authorize the President to award a gold To extend for eighteen months the period To amend the International Child Abduction To modify and extend certain privatization To reauthorize the State Justice Institute ...... H.R. To reauthorize and improve the programs au- To amend the Indian Land Consolidation Act 2714 July 14, To authorize appropriations for fiscal year

VerDate Aug 04 2004 04:24 Feb 16, 2005 Jkt 039060 PO 00000 Frm 00025 Fmt 0668 Sfmt 0668 E:\CR\FM\D15FE5.REC D15FE5 D116 CONGRESSIONAL RECORD — DAILY DIGEST February 15, 2005 377 376 378 379 380 381 382 383 384 385 386 387 388 No. 108 proved 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 Oct. 30, Oct. 30, Oct. 30, Oct. 30, Oct. 30, Oct. 30, Oct. 30, Oct. 30, Oct. 30, Oct. 30, Oct. 30, Oct. 30, Oct. 30, 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 Oct. 11, Oct. 10, Oct. 10, Oct. 11, Oct. 11, Oct. 11, Oct. 10, Oct. 11, Oct. 10, Oct. 10, Oct. 11, Oct. 10, Oct. 10, House Senate Date ap- Date House Senate 2004 2004 2004 2004 2004 2003 2004 2004 2004 2004 2004 2004 2004 108 Senate 515 377 June 14, June 515 377 638 ...... Sept. 13, 641 ...... Sept. 13, 403 ...... Sept. 13, 21, June 555 378 551 ...... June 21, 570 ...... July 19, 108 2004 2004 ...... 606 ...... Oct. 5, ...... 719 ...... Oct. 4, ...... 687 ...... Sept. 28, Sept. 28, Sept. 28, 2004 2004 2004 2004 2004 2003 2004 2004 2004 2004 July 14, Sept. 15, GA June 17, GA June Committee Date Reported Report No. Date of passage Public Law House Senate House Senate House House Senate House EC EWf Res ENR June 1, June Res ENR 5, 7, Sept. Res ENR Agr ...... 7, ...... Sept. Oct. Res EPW 4, Agr ANF Res Oct. 8, Dec. 17, GR GA ...... Nov. Res Agr 18, June Res ENR 25, GR EWf FS June Res ENR GR ...... Sept. 28, GR ...... Sept. Date intro- duced 2003 2003 2003 2003 2003 2003 2003 2003 2003 2004 2004 2004 2004 H.R. 2023 May 7, May H.R. 2023 H.R. 2010 May 7, May H.R. 2010 10, June 25, July H.R. 2400 10, H.R. 2984 Sept. 1, H.R. 3056 Oct. H.R. 3217 29, Oct. 7, Nov. H.R. 3391 H.R. 3478 7, Nov. H.R. 3479 20, 11, Jan. Feb. H.R. 3706 24, H.R. 3797 Feb. H.R. 3819 H.R. 4046 Mar. 25, Mar. H.R. 4046 s ’ . ’’ Title Bill No. Title Bill Sergeant Riayan A. Tejeda Post Office asthma or anaphylaxis, and for other pur- poses. the Armed Services in elections for Delegate representing American Samoa in the United States House of Representa- tives, and for other purposes. quire schools to allow students self-ad- minister medication to treat that student purposes of clarifying the local judicial structure of Guam. to remove the requirement that processors be members of an agency administering a marketing order applicable to pears. Chafee Coast Barrier Resources System Cedar Keys Unit P25 on Otherwise Pro- tected Area P25P. parcels of National Forest System land in the Apalachicola National Forest, Florida, to resolve boundary discrepancies involving the Mt. Trial Primitive Baptist Church of Wakulla County, Florida, and for other purposes. convey certain lands and facilities of the Provo River Project. improve the efficiency of operations by National Archives and Records Adminis- tration and to reauthorize the National Historical Publications and Records Com- mission. the brown tree snake on island of Guam and the prevention of introduc- tion of the brown tree snake to other areas of the United States, and for other pur- poses. tional Historic Site, and for other purposes. of the government District Co- lumbia, and for other purposes. rial as the Lewis and Clark National His- torical Park, to include in the park sites the State of Washington as well State of Oregon, and for other purposes. Postal Service located at 555 West 180th Street in New York, as the ‘‘ To protect the voting rights of members To give a preference regarding States that re- To amend the Organic Act of Guam for To amend the Agricultural Adjustment Act To clarify the boundaries of John H. To provide for the conveyance of several small To authorize the Secretary of Interior to To amend title 44, United States Code, to To provide for the control and eradication of To adjust the boundary of John Muir Na- To authorize improvements in the operations To redesignate Fort Clatsop National Memo- To designate the facility of United States

VerDate Aug 04 2004 04:24 Feb 16, 2005 Jkt 039060 PO 00000 Frm 00026 Fmt 0668 Sfmt 0668 E:\CR\FM\D15FE5.REC D15FE5 February 15, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D117 402 390 389 391 392 393 394 395 396 397 398 399 400 401 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 Oct. 30, Oct. 30, Oct. 30, Oct. 30, Oct. 30, Oct. 30, Oct. 30, Oct. 30, Oct. 30, Oct. 30, Oct. 30, Oct. 30, Oct. 30, Oct. 30, 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 Oct. 10, Oct. 11, Oct. 10, Oct. 10, Oct. 10, Oct. 11, Oct. 10, Oct. 10, Oct. 10, Oct. 10, Oct. 10, Oct. 11, Oct. 10, Oct. 11, 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 550 ...... June 21, 651 ...... Sept. 13, ...... 731 ...... Oct. 6, ...... 702 ...... Sept. 28, ...... 703 ...... Sept. 28, ...... 678 ...... Sept. 29, 2004 2004 2004 2004 2004 2004 GR ...... Sept. 28, GR ...... Sept. Jud Oct. 5, Jud Oct. GR GA 7, ...... Sept. Res Sept. 28, 5, Res Sept. Sci ...... Oct. GR GA 17, June FS IA 7, Sept. Res ENR 28, 7, ...... GR GA Sept. Res Sept. 13, 28, 7, ...... GR GA Sept. 8, TI Sept. Res ...... 13, Sept...... Jud ...... Sept...... Oct. 2004 2004 2004 2004 2003 2004 2004 2004 2004 2004 2004 2004 2004 2004 H.R. 5027 Sept. 8, Sept. H.R. 5027 H.R. 4306 May 6, May H.R. 4306 18, June H.R. 4618 H.R. 4066 Mar. 30, Mar. H.R. 4066 22, May 18, H.J. Res. 57 May H.R. 4381 1, June 2, H.R. 4471 June 14, H.R. 4481 June 15, H.R. 4556 June H.R. 4579 21, June 25, H.R. 4632 June 13, H.R. 4731 July H.R. 4827 22, July H.R. 4917 An- ‘‘ . ’’ Specialist ‘‘ s eligibility for ’ . ’’ . ’’ . . ’’ ’’ s Creek National Battlefield in the ’ General William Carey Lee Post Of- ‘‘ Harvey and Bernice Jones Post Office Archie Spigner Post Office Building employment. thony I. Lombardi Memorial Post Office Building to the United States and revise boundary of Chickasaw National Recre- ation Area, Oklahoma, and for other pur- poses. and Nationality Act to improve the process for verifying an individual ognition of the contributions seven Columbia astronauts by supporting estab- lishment of a Columbia Memorial Space Science Learning Center. Postal Service located at 2811 Springdale Avenue in Springdale, Arkansas, as the ‘‘ Building title VI of the Native American Housing Assistance and Self-Determination Act of 1996. Wilson State of Missouri to expand the boundaries of the park, and for other purposes. Postal Service located at 1115 South Clin- ton Avenue in Dunn, North Carolina, as the fice Building man National Historic Site in the State of Missouri, and for other purposes. Postal Service located at 10 West Prospect Street in Nanuet, New York, as the Postal Service located at 19504 Linden Boulevard in St. Albans, New York, as the ‘‘ trol Act to reauthorize the National Estu- ary Program. Conservation Area and Black Ridge Can- yons Wilderness Act of 2000 to rename the Colorado Canyons National Conserva- tion Area as the McInnis Canyons National Conservation Area. thorize appropriations for the Administra- tive Conference of the United States for fis- cal years 2005, 2006, and 2007, for other purposes. Postal Service located at 411 Midway Ave- nue in Mascotte, Florida, as the Eric Ramirez Post Office To provide for the conveyance of certain land To amend section 274A of the Immigration Expressing the sense of Congress in rec- To designate the facility of United States To clarify the loan guarantee authority under To amend Public Law 86-434 establishing To designate the facility of United States To modify the boundary of Harry S Tru- To designate the facility of United States To designate the facility of United States To amend the Federal Water Pollution Con- To amend the Colorado Canyons National To amend title 5, United States Code, to au- To designate the facility of United States

VerDate Aug 04 2004 04:24 Feb 16, 2005 Jkt 039060 PO 00000 Frm 00027 Fmt 0668 Sfmt 0668 E:\CR\FM\D15FE5.REC D15FE5 D118 CONGRESSIONAL RECORD — DAILY DIGEST February 15, 2005 405 403 404 406 407 408 409 410 411 412 413 414 No. 108 proved 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 Oct. 30, Oct. 30, Oct. 30, Oct. 30, Oct. 30, Oct. 30, Oct. 30, Oct. 30, Oct. 30, Oct. 30, Oct. 30, Oct. 30, 2004 2004 2004 2004 2004 2004 2004 2004 2004 2003 2003 2003 Oct. 9, Oct. 10, Oct. 10, Oct. 10, Oct. 10, Oct. 10, Oct. 9, Oct. 11, April 8, Mar. 4, July 17, Oct. 27, House Senate Date ap- Date House Senate 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 108 Senate 517 6 Oct. 4, 6, Oct. Oct. 733 223 517 6 6, Oct. 732 0 108 ...... 94 Sept. 28, 2004 2003 2003 2003 ...... 711 ...... Oct. 6, ...... Oct. 6, Jan. 27, Feb. 11, Oct. 23, 2004 2004 2004 2004 ENR June 1, ENR June Committee Date Reported Report No. Date of passage Public Law House Senate House Senate House House Senate House Jud Sept. 30, Jud Sept. GR ...... Oct. 6, GR GA GR ...... Oct. 22, ...... Sept. 28, 28, EWf IR EC 7, 8, GR ...... Sept. GR ...... Sept. EWf ...... TI ...... Oct...... 5, ...... Oct. Oct. GR GA Res Agr Res ENR 11, 5, Oct. July Jud Date intro- duced 2004 2004 2004 2004 2004 2004 2004 2004 2003 2003 2003 2003 H.R. 5107 Sept. 21, Sept. H.R. 5107 H.R. 5039 Sept. 9, Sept. 9, H.R. 5039 Sept. H.R. 5051 23, Sept. 23, H.R. 5131 Sept. 24, H.R. 5133 Sept. 30, H.R. 5147 Sept. 8, 9, Oct. H.R. 5186 13, Jan. H.R. 5294 Jan. 18, S. 129 S. 144 Mar. 5, S. 643 June S. 1194 . ’’ . ’’ Leon- ‘‘ . ’’ . ’’ rights, to eliminate ’ Title Bill No. Title Bill Eva Holtzman Post Office ‘‘ Martha Pennino Post Office Building Evan Asa Ashcraft Post Office Building ard C. Burch Post Office Building the substantial backlog of DNA samples collected from crime scenes and convicted offenders, to improve and expand the DNA testing capacity of Federal, State, and local crime laboratories, to increase research and development of new DNA testing tech- nologies, to develop new training programs regarding the collection and use of DNA evidence, to provide post-conviction testing of DNA evidence to exonerate the inno- cent, to improve the performance of coun- sel in State capital cases, and for other pur- poses. Postal Service located at United States Route 1 in Ridgeway, North Carolina, as the Postal Service located at 1001 Williams Street in Ignacio, Colorado, as the support expansion of Special Olympics and development of education programs and a Healthy Athletes Program, and for other purposes. Postal Service located at 11110 Sunset Hills Road in Reston, Virginia, as the ‘‘ Postal Service located at 23055 Sherman Way in West Hills, California, as the ‘‘ and provide additional teacher loan forgive- ness on Federal student loans. to authorize appropriations for the John F. Kennedy Center for the Performing Arts, and for other purposes. ployment, and for other purposes. tablish a program to provide assistance through States to eligible weed manage- ment entities to control or eradicate nox- ious weeds on public and private land. cooperation with the University of New Mexico, to construct and occupy a portion of the Hibben Center for Archaeological Research at the University of New Mexico. sure that resources are effectively and effi- ciently used within the criminal and juve- nile justice systems. To designate the facility of United States To designate the facility of United States To protect crime victims To provide assistance to Special Olympics To designate the facility of United States To designate the facility of United States To reduce certain special allowance payments To amend the John F. Kennedy Center Act To provide for reform relating to Federal em- To require the Secretary of Agriculture to es- To authorize the Secretary of Interior, in To foster local collaborations which will en-

VerDate Aug 04 2004 04:24 Feb 16, 2005 Jkt 039060 PO 00000 Frm 00028 Fmt 0668 Sfmt 0668 E:\CR\FM\D15FE5.REC D15FE5 February 15, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D119 415 416 417 418 419 420 421 422 423 424 425 426 427 428 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 Nov. 19, Nov. 21, Nov. 30, Nov. 30, Nov. 30, Nov. 30, Nov. 30, Nov. 30, Nov. 30, Nov. 30, Nov. 30, Nov. 30, Nov. 30, Nov. 30, 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 Nov. 17, Nov. 20, Oct. 10, Sept. 15, Oct. 6, Oct. 10, Oct. 10, Oct. 9, Oct. 10, Oct. 10, Nov. 16, Nov. 16, Nov. 16, Nov. 16, 2004 2004 2003 2003 2004 2003 2003 2004 2004 2004 2004 2004 2004 2004 201 374 Sept. 23, Sept. 201 374 16, Sept. 204 331 3, Mar. 408 0 21, Nov. 373 376 20, July 574 358 7, July 578 379 ...... 375 Oct. 20, 2004 2004 2004 2004 2004 2004 2004 ...... 720 ...... Oct. 4, ...... 688 ...... Oct...... 7, 749 ...... Oct. 7, ...... Oct. 7, Sept. 28, Aug. 25, Sept. 29, Sept. 28, Sept. 27, Sept. 28, 2003 2003 2004 2003 2004 2004 2004 2004 2004 ...... Nov. 18, Sept. 15, Oct. 6, ENR Nov. 17, ENR Nov. 25, VA June App ...... Nov. 20, 14, App ...... July 14, Res ENR ...... Nov. July Res ENR 30, Jan. Jud Res ENR 28, Sept. Res Agr VA AS-H 4, 1, July Sci ENR Res Oct. TI IR 8, TI EC Sci EC WM Sci ...... Oct. 2004 2004 2003 2003 2003 2003 2003 2004 2004 2004 2004 2004 2004 2004 Mar. 11, (S. 2485) S. 2986 Nov. 16, Nov. 6, S. 2986 Mar. 19, Nov. 13, H.J. Res. 114 H.R. 1113 Mar. 25, H.R. 1284 Mar. 26, H.R. 1417 Mar. H.R. 1446 6, May H.R. 1964 H.R. 3936 4, June 16, H.R. 4516 June H.R. 4593 9, July 29, H.R. 4794 Sept. H.R. 5163 5, Oct. 7, H.R. 5213 Oct. H.R. 5245 to increase the public debt limit. the fiscal year 2005, and for other purposes. Frederica National Monument, and for other purposes. ization and Adjustment Act of 1992 to in- crease the Federal share of costs San Gabriel Basin demonstration project. place copyright arbitration royalty panels with Copyright Royalty Judges, and for other pur poses. sions Foundation to restore and repair the Spanish colonial and mission-era missions in the State of California and to preserve the artworks and artifacts of these missions, and for other purposes. sey, New York, and Pennsylvania in con- serving priority lands and natural resources in the Highlands region, and for other purposes. authorize the principal office of United States Court of Appeals for Veterans Claims to be at any location in the Wash- ington, D.C., metropolitan area, rather than only in the District of Columbia, and expressing the sense of Congress that a dedicated Veterans Courthouse and Justice Center should be provided for that Court and those it serves should be located, if feasible, at a site owned by the United States that is part of or proximate to the Pentagon Reservation, and for other pur- poses. out a program of research and development to advance high-end computing. servation, improve public land, and provide for the high quality development in Lin- coln County, Nevada, and for other pur- poses. and Beach Sewage Cleanup Act of 2000 to extend the authorization of appropriations, and for other purposes. provide the Department of Transportation a more focused research organization with an emphasis on innovative technology, and for other purposes. multidisciplinary research projects and epi- demiological studies. gime for the commercial space transpor- tation industry. To amend title 31 of the United States Code Making further continuing appropriations for To authorize an exchange of land at Fort To amend the Reclamation Projects Author- To amend title 17, United States Code, to re- To support the efforts of California Mis- To assist the States of Connecticut, New Jer- To amend title 38, United States Code, to To require the Secretary of Energy to carry To establish wilderness areas, promote con- To amend the Tijuana River Valley Estuary To amend title 49, United States Code, to To expand research information regarding To extend the liability indemnification re-

VerDate Aug 04 2004 04:24 Feb 16, 2005 Jkt 039060 PO 00000 Frm 00029 Fmt 0668 Sfmt 0668 E:\CR\FM\D15FE5.REC D15FE5 D120 CONGRESSIONAL RECORD — DAILY DIGEST February 15, 2005 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 No. 108 proved 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 Dec. 3, Dec. 3, Dec. 3, Dec. 3, Dec. 3, Dec. 3, Dec. 3, Dec. 3, Dec. 3, Dec. 3, Dec. 3, Dec. 3, Dec. 3, Dec. 3, Dec. 3, 2004 2004 2004 2004 2004 2004 2004 2003 2003 2004 2004 2004 2004 2004 2004 Mar. 4, Oct. 10, Nov. 19, Nov. 19, Nov. 19, Nov. 24, April 29, Nov. 24, Oct. 27, Sept. 15, Sept. 15, June 9, Oct. 11, July 22, Oct. 10, House Senate Date ap- Date House Senate 2003 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 108 Senate 502 343 June 1, June 502 343 17, Nov. 740 132 17, Nov. 523 165 108 ...... 155 Nov. 19, ...... 295 Nov. 17, ...... 296 Nov. 17, 0 Nov. 16, ...... 0 Nov. 17, 0 Nov. 16, 2004 2003 2003 2003 2004 2004 2004 2004 2004 ...... 713 ...... Oct. 4, Sept. 15, Aug. 26, Oct. 15, 2004 2004 2004 2004 ...... Nov. 17, ...... Sept. 29, GA ...... July 22, GA ...... July CST Fin 3, IA June 7, ENR ...... July 7, Jud ...... Oct. Committee Date Reported Report No. Date of passage Public Law House Senate House Senate House House Senate House WM ...... 28 Mar. 5, Mar. 30, 16, WM ...... 28 Res Sept. 24, 19, Res IA May IR ...... Nov. App ...... 6, Nov. Oct. Res ENR Res EC Res ENR 7, July GR GA 7, June GR GA 16, ...... Nov. Date intro- duced 2004 2003 2003 2003 2004 2004 2004 2003 2003 2003 2003 2003 2004 2004 2004 Mar. 4, (S. 671) S. 2640 July 13, July S. 2640 H.R. 1630 April 3, H.R. 1047 April 25, H.R. 1630 July H.R. 2912 13, Oct. H.J. Res. 110 8, 17, Nov. H.J. Res. 111 Jan. 25, 24, Nov. H.J. Res. 115 Feb. S. 150 23, S. 434 May 11, S. 1146 14, June 12, Oct. S. 1241 Mar. 7, S. 1727 April S. 2214 S. 2302 20, July S. 2693 . ’’ . ’’ Title Bill No. Title Bill and to authorize the instal- ’’ Mike Mansfield Post Office Lieutenant John F. Finn Post Office ‘‘ ‘‘ Guardians of Freedom Memorial Post Of- lation of a plaque at such site, and for other purposes. the United States to modify temporarily certain rates of duty, to make other tech- nical amendments to the trade laws, and for other purposes. National Park in the State of Arizona, and for other purposes. the Osage Tribe to determine its member- ship and form of government. tle of the Bulge during World War II. session of the One Hundred Ninth Con- gress. the fiscal year 2005, and for other purposes. on Internet access and multiple dis- criminatory taxes on electronic commerce imposed by the Internet Tax Freedom Act. sell or exchange all part of certain par- cels of National Forest System land in the State of Idaho and use the proceeds derived from the sale or exchange for National For- est System purposes. Garrison Unit Joint Tribal Advisory Com- mittee by providing authorization for the construction of a rural health care facility on the Fort Berthold Indian Reservation, North Dakota. toric Site in the State of New York, and for other purposes. Reclamation Safety of Dams Act 1978. Postal Service located at 3150 Great Northern Avenue in Missoula, Montana, as the underserved areas. Postal Service located at 1050 North Hills Boulevard in Reno, Nevada, as the ‘‘ fice Building Postal Service located at 1475 Western Av- enue, Suite 45, in Albany, New York, as the To amend the Harmonized Tariff Schedule of To revise the boundary of Petrified Forest To reaffirm the inherent sovereign rights of Recognizing the 60th anniversary of Bat- Appointing the day for convening of first Making further continuing appropriations for To make permanent the moratorium on taxes To authorize the Secretary of Agriculture to To implement the recommendations of To establish the Kate Mullany National His- To authorize additional appropriations for the To designate the facility of United States To improve access to physicians in medically To designate the facility of United States To designate the facility of United States

VerDate Aug 04 2004 04:24 Feb 16, 2005 Jkt 039060 PO 00000 Frm 00030 Fmt 0668 Sfmt 0668 E:\CR\FM\D15FE5.REC D15FE5 February 15, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D121 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 Dec. 3, Dec. 3, Dec. 3, Dec. 8, Dec. 8, Dec. 10, Dec. 10, Dec. 10, Dec. 10, Dec. 10, Dec. 10, Dec. 10, Dec. 10, Dec. 17, Dec. 17, 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 Oct. 8, Oct. 5, May 13, Sept. 23, Nov. 16, Nov. 19, Nov. 20, Oct. 10, Oct. 10, June 25, Oct. 8, Nov. 19, Nov. 19, Nov. 24, Oct. 6, 2004 2004 2003 2004 2004 2003 2004 2004 2004 2004 2004 2004 2004 2004 2004 77 185 April 30, April 77 185 524 357 Nov. 17, Nov. 524 357 15, July 599 346 260 ...... Oct. 7, 17, Nov. 572 352 14, July 527 0 ...... 360 Nov. 17, ...... 0 Nov. 20, 2004 2003 2004 2004 2004 2004 2004 ...... 729 ...... Oct. 6, Sept. 23, Nov. 3, Sept. 20, July 22, 2004 2003 2003 2004 2004 2004 ...... Nov. 20, ...... Oct. 16, VA June 3, VA June 16, App ...... Sept. 4, FR Sept. 28, ENR ...... Sept. 29, Jud ...... April Jud ...... 20, ...... Nov. Agr ...... Nov. 17, Agr ...... Nov. 29, April EWf HEL&P 5, EC Fin Jud IR GR Oct. 19, ...... Nov. Res ENR 25, June VA 17, ...... Nov. 8, June GR GA 2004 2004 2003 2004 2004 2003 2004 2003 2003 2004 2004 2004 2004 2004 2004 June 1, Mar. 19, July 13, June 1, (S. 1248) (S. 2812) (H.R. 4175) (H.R. 1716) S. 2965 Oct. 8, Oct. S. 2965 S. 2484 7, H.R. 1350 July H.R. 4818 26, S. 2618 June 6, H.R. 2655 May 25, H.R. 4302 Feb. 25, S. 437 10, July Mar. S. 1466 S. 2192 30, S. 2486 19, Sept. Nov. S. 2873 23, S. 3014 Mar. 23, H.R. 4012 Sept. S. 2845 porting Act of 1999 to modify the termi- nation date for mandatory price reporting. simplify and improve pay provisions for physicians and dentists, to authorize alter- nate work schedules and executive pay for nurses. ities Education Act, and for other purposes. export financing, and related programs for the fiscal year ending September 30, 2005, and for other purposes. Act to extend medicare cost-sharing for the medicare part B premium for qualifying individuals through September 2005. Cultural and Training Program Act of 1998. ficial Code, to enact the provisions of Mental Health Civil Commitment Act of 2002 which affect the Commission on Mental Health and require action by Con- gress in order to take effect. izona Project in Arizona, to authorize the Gila River Indian Community water rights settlement, to reauthorize and amend the Southern Arizona Water Rights Settlement Act of 1982, and for other purposes. of Alaska, and for other purposes. promote cooperative research involving universities, the public sector, and private enterprises. improve and enhance education, housing, employment, medical, and other benefits for veterans and to improve extend certain authorities relating to the adminis- tration or benefits for veterans, and other purposes. District Court for the Southern of Iowa to hold court in Rock Island, Illinois. Hypoxia Research and Control Act of 1998, and for other purposes. Access Act of 1999 to reauthorize for 5 ad- ditional years the public school and private school tuition assistance programs estab- lished under the Act. the intelligence and intelligence-related ac- tivities of the United States Government, and for other purposes. To amend the Livestock Mandatory Price Re- To amend title 38, United States Code, to To reauthorize the Individuals with Disabil- Making appropriations for foreign operations, To amend title XIX of the Social Security To amend and extend the Irish Peace Process To amend title 21, District of Columbia Of- To provide for adjustments to the Central Ar- To facilitate the transfer of land in State To amend title 35, United States Code, to To amend title 38, United States Code, to To extend the authority of United States To reauthorize the Harmful Algal Bloom and To amend the District of Columbia College To reform the intelligence community and

VerDate Aug 04 2004 04:24 Feb 16, 2005 Jkt 039060 PO 00000 Frm 00031 Fmt 0668 Sfmt 0668 E:\CR\FM\D15FE5.REC D15FE5 D122 CONGRESSIONAL RECORD — DAILY DIGEST February 15, 2005 463 467 459 460 461 462 464 465 466 468 469 470 No. 108 proved 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 Dec. 21, Dec. 21, Dec. 21, Dec. 21, Dec. 21, Dec. 21, Dec. 21, Dec. 21, Dec. 21, Dec. 21, Dec. 21, Dec. 21, 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 Dec. 7, Dec. 7, Dec. 7, Dec. 7, Dec. 7, Dec. 7, Dec. 7, Dec. 7, Dec. 7, Dec. 7, Dec. 7, Dec. 7, House Senate Date ap- Date House Senate 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 108 Senate 449 ...... April 21, 557 ...... July 21, 447 ...... May 11, 108 ...... Oct. 5, ...... 750 ...... Oct. 7, ...... 596 ...... Sept. 22, 2004 2004 2004 2004 2004 Oct. 6, Committee Date Reported Report No. Date of passage Public Law House Senate House Senate House House Senate House TI EPW Mar. 25, Mar. TI EPW TI EPW June 21, June TI EPW Agr 25, GR Mar. TI EPW 17, FS ...... 12, ...... Nov. Agr WM 6, TI July 19, 5, GR ...... Oct. GR ...... Nov. Agr ...... Oct. GR ...... Sept. 22, GR ...... 29, Sept. TI ...... Sept. Date intro- duced 2003 2004 2003 2003 2003 2003 2004 2004 2004 2004 2003 2003 H.R. 3147 Sept. 23, Sept. H.R. 3147 H.R. 3884 Mar. 3, Mar. H.R. 3884 H.R. 2119 May 15, May 19, H.R. 2119 June H.R. 2523 30, Sept. 2, H.R. 3204 Oct. H.R. 3242 27, Jan. H.R. 3734 28, April 11, H.R. 4232 May 18, H.R. 4324 June H.R. 4620 H.R. 480 Jan. 29, Jan. H.R. 480 17, Sept. H.R. 3124 . ’’ . ’’ United ‘‘ F.H. New- ‘‘ . ’’ Joe Skeen Federal ‘‘ Title Bill No. Title Bill Tomochichi United States ‘‘ . . ’’ ’’ . ’’ James V. Hansen Federal Building . ‘‘ ’’ Hipolito F. Garcia Federal Building ‘‘ Congressman Jack Fields Post Office and United States Courthouse States Postal Service located at 747 Broad- way in Albany, New York, as the lands, improvements, equipment, an d re- source materials at the Oxford Research Station in Granville County Nor th Caro- lina, to the State of North Carolina. cated at 125 Bull Street in Savannah, Georgia, as the Courthouse Geological Survey and the United States Bureau of Reclamation located at 230 Col- lins Road, Boise, Idaho, as the 324 Twenty-Fifth Street in Ogden, Utah, as the mint coins in commemoration of the ter- centenary of the birth Benjamin Frank- lin, and for other purposes. of highly nutritious fruits, vegetables, and other specialty crops for American con- sumers and international markets by en- hancing the competitiveness of United States-grown specialty crops, and for other purposes. Fifth and Richardson Avenues in Roswell, New Mexico, as the Building States courthouse located at 615 East Houston Street in San Antonio, Texas, as the States Postal Service located at 4025 Feath- er Lakes Way in Kingwood, Texas, as the ‘‘ Code, to provide for Federal employees make elections to make, modify, and ter- minate contributions to the Thrift Savings Fund at any time, and for other puproses. Agriculture to collect approved State com- modity assessments on behalf of the State from the proceeds of marketing assistance loans. States Postal Service Henry Johnson Annex ell Building To redesignate the facility of United To provide for the conveyance of Federal To designate the United States courthouse lo- To designate the facility of United States To designate the Federal building located at To require the Secretary of Treasury to To ensure an abundant and affordable supply To designate the Federal building located at To designate the Federal building and United To redesignate the facility of United To amend chapter 84 of title 5, United States To confirm the authority of Secretary

VerDate Aug 04 2004 04:24 Feb 16, 2005 Jkt 039060 PO 00000 Frm 00032 Fmt 0668 Sfmt 0668 E:\CR\FM\D15FE5.REC D15FE5 February 15, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D123 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 Dec. 21, Dec. 21, Dec. 21, Dec. 21, Dec. 21, Dec. 21, Dec. 21, Dec. 21, Dec. 21, Dec. 23, Dec. 23, Dec. 23, Dec. 23, Dec. 23, Dec. 23, 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 Dec. 7, Dec. 7, Dec. 7, Dec. 7, Dec. 7, Dec. 7, Dec. 7, Dec. 7, Dec. 7, Dec. 8, Dec. 8, Dec. 8, Dec. 8, Dec. 8, Dec. 8, 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 639 ...... Sept. 13, 522 ...... July 19, 600 ...... Sept. 21, 665 ...... Sept. 13, ...... Nov. 19, ...... 516 ...... July 19, 459 ...... Nov. 20, 2004 2004 2004 2004 2004 2004 GR ...... Nov. 17, GR ...... Nov. GR ...... Oct. 6, GR ...... 19, ...... Oct. EWf ...... Nov. WM EWf 28, Res ...... Sept. 7, Sept. 3, 1, Res ENR 2, 13, June Res EPW July Jud Res June IR April 8, Sept. Res CST GR ...... Oct. 6, 6, GR ...... Oct. GR ...... Oct. 19, 6, GR ...... Nov. GR ...... Oct. 2004 2004 2004 2004 2004 2003 2003 2003 2004 2004 2004 2004 2004 2004 2004 H.R. 5364 Nov. 16, Nov. H.R. 5364 H.R. 4807 July 9, July H.R. 4807 16, Nov. H.R. 5360 16, Nov. H.R. 5365 Sept. 9, H.J. Res. 102 12, June 26, 21, H.R. 2457 June Nov. 10, H.R. 2619 24, H.R. 3632 Feb. Feb. H.R. 3785 24, H.R. 3818 Mar. H.R. 4027 H.R. 4847 July 15, July 22, H.R. 4847 July H.R. 4968 16, Nov. 14, H.R. 5370 July H.R. 4829 . Bill . ’’ ‘‘ Don- ’’ ‘‘ Earl B. ‘‘ Irma Rangel ‘‘ . . ’’ ’’ . ’’ . ’’ Adam G. Kinser Post Office Building Lieutenant General James V. Edmundson Gilliam/Imperial Avenue Post Office Building Postal Service located at 140 Sacramento Street in Rio Vista, California, as the ‘‘ Postal Service located at 560 Bay Isles Road in Longboat Key, Florida, as the ‘‘ Post Office Building Postal Service located at 25 McHenry Street in Rosine, Kentucky, as the teachers and students of American history and civics, for other purposes. Postal Service located at 5505 Stevens Way in San Diego, California, as the the YMCA Retirement Fund as church plans for the purposes of certain provisions of the Internal Revenue Code 1986, and for other purposes. Postal Service located at 4985 Moorhead Avenue in Boulder, Colorado, as the ald G. Brotzman Post Office Building Postal Service located at 103 East Kleberg in Kingsville, Texas, as the tle of Peleliu and the end Imperial Japa- nese control of Palau during World War II and urging the Secretary of Interior to work to protect the historic sites of Peleliu Battlefield National Historic Land- mark and to establish commemorative pro- grams honoring the Americans who fought there. for the Castillo de San Marcos National Monument, and for other purposes. National Wildlife Refuge. copyrighted copies and phonorecords, for other purposes. Everglades National Park. to improve the results and accountability of microenterprise development assistance programs, and for other purposes. make available to the University of Miami property under the administrative jurisdic- tion of the National Oceanic and Atmos- pheric Administration on Virginia Key, Florida, for use by the University a Ma- rine Life Science Center. Monroe Post Office Post Office Building To designate the facility of United States To designate the facility of United States To designate the facility of United States To authorize grants to establish academies for To designate the facility of United States To treat certain arrangements maintained by To designate the facility of United States To designate the facility of United States Recognizing the 60th anniversary of Bat- To authorize funds for an educational center To provide for the expansion of Kilauea Point To prevent and punish counterfeiting of To authorize the exchange of certain land in To amend the Foreign Assistance Act of 1961 To authorize the Secretary of Commerce to

VerDate Aug 04 2004 04:24 Feb 16, 2005 Jkt 039060 PO 00000 Frm 00033 Fmt 0668 Sfmt 0668 E:\CR\FM\D15FE5.REC D15FE5 D124 CONGRESSIONAL RECORD — DAILY DIGEST February 15, 2005 486 487 488 489 490 491 492 493 No. 108 proved 2004 2004 2004 2004 2004 2004 2004 2004 Dec. 23, Dec. 23, Dec. 23, Dec. 23, Dec. 23, Dec. 23, Dec. 23, Dec. 23, 2004 2004 2004 2004 2004 2004 2004 2004 Dec. 8, Oct. 11, Dec. 8, Dec. 8, Dec. 8, Dec. 8, Dec. 8, Dec. 8, House Senate Date ap- Date House Senate 2004 2004 2004 2004 2004 2004 2004 2004 108 Senate 558 ...... June 23, 108 2004 Committee Date Reported Report No. Date of passage Public Law House Senate House Senate House House Senate House FS ...... Dec. 7, FS ...... Dec. 21, 5, June Int 28, Agr ...... Oct. GR ...... 17, ...... Sept. 20, 6, Jud ...... Sci ...... Nov...... WM ...... Nov...... Dec. EC ...... Oct. 6, EC ...... Oct. Date intro- duced 2004 2004 2004 2004 2004 2004 2004 2004 H.R. 4116 April 1, April H.R. 4116 14, June H.R. 4548 15, June 23, H.R. 4569 June H.R. 4657 16, Nov. 18, H.R. 5363 Nov. 19, H.R. 5382 Nov. H.R. 5394 H.R. 5204 Oct. 4, Oct. H.R. 5204 endan- ‘‘ s hospitals) ’ Title Bill No. Title Bill s lands, waterways, and skies ’ species under the Endangered Spe- ’’ mint coins celebrating the recovery and restoration of the American bald eagle, national symbol of the United States, to America cies Act of 1973, and for other purposes. 2005 for intelligence and intelligence-re- lated activities of the United States Gov- ernment, the Community Management Ac- count, and the Central Intelligence Agency Retirement and Disability System, for other purposes. plan for the control and management of Sudden Oak Death, a tree disease caused by the fungus-like pathogen Phytophthora ramorum, and for other purposes. to improve the administration of Federal pension benefit payments for District of Columbia teachers, police officers, and fire fighters, and for other purposes. Service Act (relating to children and judges of the United States for fiscal year 2005. commercial human space flight industry, and for other purposes. to modify the taxation of arrow compo- nents. the great importance of designation the American bald eagle as an gered to modify provisions regarding the deter- mination of the amount payments for indirect expenses associated with operating approved graduate medical residency train- ing programs. To require the Secretary of Treasury to To authorize appropriations for fiscal year To provide for the development of a national To amend the Balanced Budget Act of 1997 To amend section 340E of the Public Health To authorize salary adjustments for Justices To promote the development of emerging To amend the Internal Revenue Code of 1986

VerDate Aug 04 2004 04:24 Feb 16, 2005 Jkt 039060 PO 00000 Frm 00034 Fmt 0668 Sfmt 0668 E:\CR\FM\D15FE5.REC D15FE5 February 15, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D125 494 495 496 497 498 2004 2004 2004 2004 2004 Dec. 23, Dec. 23, Dec. 23, Dec. 23, Dec. 23, Entrepreneurship Conduct Infrastructure 2004 2003 2004 2004 2004 Dec. 8, Sept. 25, Nov. 20, Sept. 23, Oct. 11, SBE ...... Small Business and Business SBE ...... Small Official of SOC ...... Standards and TI ...... Transportation Affairs VA ...... Veterans’ WM and Means ...... Ways 2004 2004 2004 2004 2004 504 0 Sept. 21, Sept. 504 0 Administration Homeland Security ...... 393 Dec. 6, 2003 2004 Jud ...... Judiciary Jud ...... Judiciary R ...... Rules and RAdm ....Rules Res ...... Resources Res ...... Resources Sci ...... Science HS Committee on ...... Select Business SB ...... Small July 24, 2004 Labor and Pensions GA ...... Oct. 8, GA ...... Oct. FS ...... Financial Services FS ...... Financial Relations FR ...... Foreign Affairs GA ...... Governmental Reform GR ...... Government Education, HEL&P ..Health, Administration HA ...... House Affairs IA ...... Indian Int ...... Intelligence Relations IR ...... International EC ...... Nov. 20, EC ...... Nov. 20, May Jud IR FR Agr ANF 19, ...... Nov. 6, ...... Dec. TABLE OF COMMITTEE ABBREVIATIONS 2004 2003 2004 2004 2004 Transportation Resources Public Works Workforce H.R. 5419 Nov. 20, Nov. H.R. 5419 19, June 14, July S. 1301 S. 2657 9, Sept. 28, S. 2781 Sept. S. 2856 CST ...... Commerce, Science, and Science, CST ...... Commerce, Commerce and EC ...... Energy Natural and ENR ...... Energy and EPW ...... Environment the and EWf ...... Education Fin ...... Finance s homeland security, pub- ’ and Forestry (Senate) Urban Affairs . The bill in parentheses is a companion measure. OTE and Information Adminstration Organiza- tion Act to facilitate the reallocation of spectrum from governmental to commer- cial users; to improve, enhance, and pro- mote the Nation lic safety, and citizen activated emergency response capabilities through the use of en- hanced 911 services, to further upgrade Public Safety Answering Point capabilities and related functions in receiving E-911 calls, and to support in the construction and operation of a ubiquitous reliable citizen activated system; and to provide that funds received as universal service con- tributions under section 254 of the Com- munications Act of 1934 and the universal service support programs established pursu- ant thereto are not subject to certain provi- sions of title 31, United States Code, com- monly known as the to amend Na- tional Telecommunications and Informa- tion. prohibit video voyeurism in the special maritime and territorial jurisdiction of the United States, and for other purposes. Code, to provide for the establishment of programs under which supplemental dental and vision benefits are made available to Federal employees, retirees, and their de- pendents, to expand the contracting au- thority of the Office Personnel Manage- ment, and for other purposes. the conflict in Darfur, Sudan, to provide assistance for the crisis in Darfur and comprehensive peace in Sudan, and for other purposes. Credit Coporation funds between conserva- tion programs for technical assistance the programs. N To amend the National Telecommunications To amend title 18, United States Code, to To amend part III of title 5, United States To express the sense of Congress regarding To limit the transfer of certain Commodity Agr ...... Agriculture Agr ...... Agriculture Nutrition, ANF ...... Agriculture, App ...... Appropriations AS-H Services (House) ...... Armed Services AS-S ...... Armed and Housing, BHUA ....Banking, Bud ...... Budget

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, February 16 10 a.m., Wednesday, February 16

Senate Chamber House Chamber Program for Wednesday: After the transaction of any Program for Wednesday: Consideration of Suspensions: morning business (not to extend beyond 11 a.m.), Senate (1) H.J. Res. 18, recognizing the historic commitment will begin consideration of S. 384, Nazi War Crimes of the United States to the recovery of and full account- Working Group Extension Act for 90 minutes of debate ing for Americans who are prisoners of war or in a miss- and then vote on final passage of the bill. ing status. Consideration of H.R. 310, Broadcasting Decency En- forcement Act of 2005 (structured rule, one hour of de- bate).

Extensions of Remarks, as inserted in this issue

HOUSE Feeney, Tom, Fla., E233 Pelosi, Nancy, Calif., E244 Green, Al, Tex., E247 Radanovich, George, Calif., E232, E235 Bartlett, Roscoe G., Md., E239 Kennedy, Mark R., Minn., E244, E245 Rahall, Nick J., II, W.Va., E246 Berman, Howard L., Calif., E236 Langevin, James R., R.I., E247 Sanders, Bernard, Vt., E232 Blumenauer, Earl, Ore., E234 Lantos, Tom, Calif., E231 Sessions, Pete, Tex., E235 Boustany, Charles W., Jr., La., E235 Lee, Barbara, Calif., E231, E235 Simpson, Michael K., Idaho, E238 Burgess, Michael C., Tex., E239 McCaul, Michael T., Tex., E236 Skelton, Ike, Mo., E241 Butterfield, G.K., N.C., E244 McCollum, Betty, Minn., E241 Solis, Hilda L., Calif., E236 Cantor, Eric, Va., E237 McCotter, Thaddeus G., Mich., E242 Stark, Fortney Pete, Calif., E237 Castle, Michael N., Del., E233 Maloney, Carolyn B., N.Y., E232 Stupak, Bart, Mich., E233 Clay, Wm. Lacy, Mo., E238 Miller, Jeff, Fla., E242 Tancredo, Thomas G., Colo., E246 Costa, Jim, Calif., E238, E240, E241 Ney, Robert W., Ohio, E238, E240, E241, E242, E243 Towns, Edolphus, N.Y., E239, E240 Davis, Danny K., Ill., E244, E245 Ortiz, Solomon P., Tex., E242 Udall, Mark, Colo., E243, E245, E248 Dreier, David, Calif., E242 Pascrell, Bill, Jr., N.J., E231, E234, E238 Walsh, James T., N.Y., E233 Eshoo, Anna G., Calif., E234 Pastor, Ed, Ariz., E243 Wolf, Frank R., Va., E234

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